TERMS AND CONDITIONS
     
 

INTRODUCTION
These policies and procedures the Nature Hero Membership Applicatio the Terms and Uses the Privacy Policy the Terms and Conditions and the Nature Hero International Compensation Plan constitute the complete Agreement (herein referred to as the Agreement) between A Hero and Nature Hero International LLC (referred to herein as the Company).
The company has sole discretion to modify any of these documents at any time. These Policies and Procedures or any alterations additions deletions or amendments thereto will be posted on the Company's website and will be effective concurrent with the date of posting.
It is the responsibility of each Team Member to regularly review the most current version of the documents constituting his/her Agreement with the Company and to operate under the same.

 
     
 
SECTION 1: DEFINITIONS
 
 
1.1
A Hero or Team Member - An individual or entity that has been accepted for membership by the Company and who has agreed to abide by this Agreement and is referred as a Hero.
1.2
Active Hero - A Hero who has met the requirements to receive Commission or bonus income as described in these Policies and Procedures and in the Nature Hero International Compensation Plan.
1.3
Agreement - A compilation of documents that include these Policies and Procedures the Hero Membership Application the Terms and Uses' the Privacy Policy the Terms and Conditions and the Nature Hero International Compensation Plan.
1.4
Power Leg -This is your direct or indirect enrollee(s) that you will nurture to be your growth factor (i.e Active legs you always help to reach your present rank in order for you to advance to next rank).
1.5
Registration - Submitting online hard copy or sending by mail or fax based upon the country of residence a " A Hero Membership Application" to the Company.
1.6
Commission - Compensation that can be earned by following Nature Hero International Compensation Plan described at http:/www.mynaturehero.com
1.7
Commissionable Point (CP) - This is the total point generated by your team's sales every month from their repurchases and on which commissions are paid. This flushes every month.
1.8
Retail Point: Physical location of the company's representatives in each locality where you can register and process your orders.
1.9
Team Point (TM) -This is the point that accumulates for you right from activation and from your entire network down to infinity.
1.9.1
Entry Pack-An initial product order required to participate in the Nature Hero International Compensation Plan.
1.9.2
Network - All Hero located under a Team Member's organization(s).
1.10
Qualifying Point-A Hero's minimum personal product purchases that qualifies him/her to earn commission and Awards.
1.11
Placement -When A Hero positions a new Hero into his/her Organization/Networks.
1.12
Retail Sales - The sale of products purchased at the wholesale or membership price and sold to customers at retail.Or when a customer visits our website to make a product purchase.
1.13
Sales Tax - Governmental imposed taxes on the sale of products and may include a sales tax or a Value Added Tax (VAT).
1.14
Sponsor - The Hero who is identified as such in another Hero's Member's application which has been accepted by the Company.
1.15

Suspension - The act of placing on hold A Hero member ID Number which may include a hold on commission produced under the Nature Hero International Compensation Plan.

1.16
A Hero ID Number - The number assigned to a Hero at the time the A Hero Members Application is completed and accepted into the Company.
1.17
Termination - he permanent cancellation of A Hero's access to his or her ID Number.
1.18
Upline/Downline - All Heros above/below a Hero's Organization.
1.19
Welcome Kit - A welcome folder that may be given to a Hero after enrollment which contains information describing Nature Hero International business and products. It's product the direct marketing business generally and a link giving A Hero online access to a web page that assists the Hero with managing Team Members business. Also referred to as a Start Kit or Welcome Folder.
1.20

Personal Purchase (PP) - Your personal product purchases to qualify you to earn Personal Purchase Income.

 
SECTION 2: BECOMING A HERO
2.1
A person may become a Hero after submitting a completed Hero Membership Application which has been accepted and executed by the Company. The Company reserves the right to reject or accept each Application.
2.2
To become a Hero a person shall be at least eighteen (18) years of age or an emancipated minor within the proper jurisdiction.
2.3
An enrollment fee is required to become A Hero. This fee must be paid during enrollment.
2.4
To remain A Hero a hero must purchase an initial order before the end of the second commission period from date of enrollment and purchase product every ninety (90) days or the Hero's distributorship may be suspended.
2.5
The Hero agrees that placing an order for product enrolling another Hero or receiving a commission payment shall act as a confirmation that the Hero has read understood and agreed to this Agreement.
 

SECTION 3: A HERO MEMBERSHIP AGREEMENT & RESTRICTIONS

3.1
A Hero must file a membership Application with Nature Hero International' and if applicable any other specific controlling business entity for their country of residence.
3.2
Unless otherwise specified the enrollment process must be completed online at www.mynaturehero.com. The company also requires the submission of the membership Application by fax mail or other manner. A Hero membership Application that is incomplete incorrect in any respect or filled in the wrong country may be considered invalid.
3.3
Upon request by the Company a Hero must provide proof of residency proof of age and proof of his/her ability to legally conduct business in the state or where applicable the country that corresponds with the member's Application.
3.4
A Hero's ID number will be issued upon acceptance of the Membership Application. Social Security and Corporate Tax identification Numbers or other government identification number (depending on the country of residence) must be provided to the Company for tax purpose. All bonuses and Commissions are paid in the name of the first applicant on the membership Application.
3.5
The requirements for a partnership' corporation or other legal entity (other than an individual) are as follows:
3.5.1
The Hero Membership Application must include the name of each participant and' upon acceptance by the Company is binding upon all participants.
3.5.2
Upon request by the Company' each participant of the Corporation must provide proof of residency and proof of the ability to legally conduct business in the state and where applicable in the country' that corresponds with Corporation's membership Application.
3.5.3
An applicant completing a membership Application provided by the company shall include the names and Social Security Number or other relevant identification number of the principal officers' depending on the country of residence' (president' vice president(s)' secretary and treasurer)' members of the board of directors' and all shareholders. In the case of partnership' the applicant shall include the names and Social Security Numbers' or other relevant identification numbers of all general and limited partner' or members.
3.5.4
A corporation must provide the company with a Federal Employer's Identification Number or an identification number provided by the appropriate governmental agency in the country of incorporation.
3.5.5
A Hero may not convey assign or otherwise transfer any right conveyed by the membership Application to any person without the express' prior written consent of the Company. A Hero may delegate his/her responsibilities but is ultimately responsible for insuring compliance with this Agreement and applicable laws and regulations.
3.5.6
A Hero must inform the Company of any changes affecting the accuracy of the membership Application. Changes to an organization must be submitted to Nature hero International Customer Service. The Hero may also be required to submit an amended A Hero Membership Application to the Company. The document must include all of the participants in the organization and be signed by all parties and returned to the Company. The Company reserves the right to charge a fee to change a Hero's Identification Number. There is no charge for a change of address telephone number addition of person(s) or the correction of clerical error(s).
3.5.7
A person or entity becomes an approved Member on the date the Hero membership Application is received and accepted at the Company's corporate office. A person or entity must become an approved Member by the last working day of a bonus period in order to be included in that bonus and qualification computation.
3.6
A Hero may not have a simultaneous beneficial interest or participate in more than one (1) Organization without the written consent of the Company. A beneficial interest includes but is not limited to any ownership interest' equitable interest' and/or any rights to present or future benefits' financial or otherwise. Unless otherwise approved by the Company a Hero shall not have an ownership interest in operational or management control of' or derive any benefit directly or indirectly from any subsequent Membership not in the same line of sponsorship as the individual's initial Business Center(s).
3.7
If a spouse or co-habitant of a team member wishes to become a Hero he/she must be added to the Distributorship that was previously formed by the spouse or co-habitant.
3.8
Any person who should be listed on the Hero Membership Application form of a Corporation is considered to have a beneficial interest in the Distributorship existing in the name of that Corporation. If that person wishes to become a Hero' that person must be added to the Distributorship previously formed with that Corporation.
3.9
A Corporation is considered to have a beneficial interest in the Distributorship existing in the name of any person who is or should be listed on its Hero Membership Application form. To become a Member that Corporation must be added to the Hero membership Application previously formed with that listed person.
3.10
No Corporation may become a Member if any person who should be listed on the Corporation's membership Application is already a Hero.
3.11
A Hero (including a Corporation or any person therein who is or should be listed on the Membership Application form) may re-enroll and/or establish a new Distributorship under a different Sponsor only by resigning his/her original Distributorship and then waiting six (6) months prior to re-enrolling. The six (6) month waiting period will begin upon receipt by the Company of a termination notice in writing from the Member.
3.12
Unless otherwise approved in writing by the Company a Hero who has engaged in business activity is prohibited from acquiring any interest in or merging with a pre-existing Distributorship under a different Sponsor. A Hero may not have or acquire a present or future ownership interest in or establish another Distributorship in the name of a family member or an unrelated individual.
3.13
Cross-sponsoring is prohibited. A Team Member may not encourage entice or otherwise assist another Team member to transfer to a different Sponsor. This includes but is not limited to offering financial or other tangible incentives for another Hero to terminate an existing Distributorship and then re-sign under a different Sponsor.
3.14
A Hero who wishes to change his/her Distributorship status from that of an individual Team member to a participant in a corporation under the same Sponsor may do so any time subject to applicable law and upon submission of the amended Distributorship information to Nature Hero International Customer Service and if required by submitting an Amended Hero member Application.
3.15
A team member may dispose of transfer or otherwise assign his/her Distributorship assets in any manner allowed by applicable law (including sale gift or bequest) with the prior written consent of the Company which will not be unreasonably withheld' and with written approval from his/her immediate Sponsor Upline (seven (7) levels). Any assets that takes the form of claims to compensation or satisfaction of contractual obligation from or by the Company until the Company has received written notification of the transfer and has given its formal written approval. The Distribution transferred is subject to all remedial measures under this Agreement that may have arisen prior to the transfer. Notwithstanding the other requirements set out herein. Nature Hero International will permit a Hero to sell his/her Distributorship has been operating at and paid as a Corporate Director for at least six (6) months.
3.15.1
A Team member is permitted to Will his/her Distributorship to those whom he/she clearly appoints as beneficiaries in the Will. In addition' the Will must be deemed valid and legal by the court where the Will is legally probated. The beneficiary or beneficiaries must submit to Nature Hero International compliance department a copy of the Hero's death certificate and Probated will as evidence for the change requested. This can be either sent by regular mail or through e-mail.
3.15.2
A Hero is permitted to include the Nature Hero International business in a trust. The trust must be legally and properly set up. In order for any transfer disposing or assigning in a trust Nature Hero International must have a true correct copy of the trust before any changes can be made.
3.15.3
When a Hero meets all the qualification stated in this Section for transferring disposing selling or assigning a Distributorship to another individual or entity' a copy of the transaction or agreement between the parties must be submitted to Nature Hero International compliance department as evidence of the transaction and for approval by the Company.
3.16
A Hero may not convey assign or otherwise transfer any right conveyed by this Agreement to any person or entity without the express' prior written consent of the Company which consent will not be unreasonably withheld. A Hero may delegate his/her responsibilities but is ultimately responsible for ensuring compliance with this Agreement and applicable laws. Any person or entity working with or for a Hero as part of the Team Member's Distributorship will do so only under the Hero's direct supervision.
3.17
A Hero is prohibited from fabricating information or enrolling any individual as a Team Member without the individual's knowledge and/or consent.
3.18
Without prejudice to any other rights that the Company may have by virtue of law or this Agreement' the Company may reject a Hero Member Application declare any Application void from its inception or terminate a Distributorship if a Hero:
3.18.1
Fails to provide documentation requested or required by the Company or
3.18.2
Provides to the Company false or inaccurate information or fails to correct false or inaccurate information; or
3.18.3
Violates any provision of this Section.
3.19
Current and Post-HeroNon-Solicitation Non-Service Agreement. During the term of this Agreement and for period of two (2) years thereafter' a Team member shall not' except as expressly authorized in this Agreement or without the prior written authorization of the Board of managers of the Company directly or indirectly:
3.19.1
Solicit or provide strategic design or development services to any entity or person who is/or was a customer' distributor or supplier of the Company: or
3.19.2
Contact any person through any means who is or was a customer employee distributor or supplier of the Company: or
3.20
Non interference with Company Employees Distributors and Customers. During the term of this Agreement and for a period of two (2) years thereafter a Hero shall not without prior written authorization of the Board of Managers of the Company directly or indirectly:
 
SECTION 4: SPONSORING
4.1
When offering the Company's program to prospects Heros are required to present the program in its entirety' without omission' distortion or misrepresentation. Any additional offers representations or agreements made by a Hero in connection with the Company's program are prohibited and may result in termination of membership.
4.2
Occasionally one or more individuals may contact the same prospect resulting in a dispute of the sponsoring rights. The prospect member has the right to choose his/her Sponsor. The Company will not meditate such disputes and will recognize as Sponsor the person whose name appears as Sponsor on the first Hero Member Application or order form sent in by the new Hero. In the event that more than one (1) Team member Application or order form is sent in with conflicting sponsor information the form received first by the Company will be recognized as binding and changes will not be allowed.
4.3
If a Hero falsely represents that the Company failed to honor this policy the Company may at its sole discretion terminate the Hero Member making the false representation.
4.4
Placement in Organization. A Hero builds a sales Organization by sponsoring new members and placing them in the organization. The Sponsor of any new Hero is responsible to place the new Member into his/her Organization. Following the placement by the sponsoring Hero the new Member may not be moved to any other location in the Organization except as authorized by the Company under the provisions herein.
4.5
If a Hero makes a mistake in a Placement the sponsoring Member shall contact Nature Hero International Customer Service within seven (7) days of the date of Placement of the new member. The Company reserves the right to accept or reject the request. The Company also has the right to seek reimbursement from any Hero of any Commissions or bonuses resulting from the correction and anytime expended by the Company to correct any errors.
4.6
A sponsor is prohibited from making changes to information or product orders under a personally sponsored account.
4.7
Upline Hero who sponsors new members may place them in another Hero's Organization in an attempt to maximize the Company's Compensation plan. This process is vital in building a downward Team member's Upline and organization. The Company acknowledges that a Hero may be building a leg at the same time it is being built by the Upline. If at the time of placement of a new Member the placement position has already been filled the new member will be placed in the next available spot on that same leg.
4.8
Changing sponsors is generally not permitted. Upon receipt and acceptance of the Member Application by the Company the new Members sponsor cannot be changed without the consent of the Company and without approval from seven (7) levels of the Member's immediate Sponsor Upline. If the sponsoring Member becomes inactive that sponsorship is not assigned to and does not roll up to the Upline Sponsor. In other words if A sponsors B and B sponsors C and the B becomes inactive the sponsorship of C does not revert to A. Also C does not move up into the position of B if B becomes inactive.
4.9
Unless otherwise agreed to in writing by the Company a Hero desiring to change Sponsors can do so by resigning and the waiting six (6) months prior to rejoining with a new Sponsor. The six (6) month waiting period will begin upon receipt by the Company of a termination notice in writing from the Hero.
4.10
A Team Member may not cross-recruit which includes but is not limited to soliciting sponsoring or attempting to sponsor another Hero into any other network marketing or direct selling Company except as provided above in Section 3.20 and 3.21
4.11
Cross - recruiting in any form whether directly or indirectly is prohibited. A Hero may not participate in any action that causes another member to be sponsored through someone else into another network marketing or direct selling company.
4.12
The Team Member acknowledges that the Company has made an important investment when a sponsorship occurs and when a member joins the Companythus forming a valuable business relationship between the Hero and the Company. The Hero agrees that the Company has a legal and equitable right to protect these relationships.
4.13
The Companyin its sole discretion may terminate a Heros membership who is involved in any manner in cross-sponsoring or cross-recruiting and the Hero agrees that the Company may seek legal recourse to enjoin such conduct.
 
SECTION 5: CONFIDENTIAL INFORMATION & MEMBERSHIP LIST
5.1
Team Member lists. All Team Member Organization lists names addresses emails addresses and telephone numbers contained in the Companys database (hereinafter referred to as the "Lists") are confidential and are the proprietary property of the Company.
5.2
The lists in their present and future forms constitute commercially advantageous proprietary assets and trade secrets of the Company.
5.3
These lists are provided for the exclusive and limited use of the Team member to facilitate the training support and servicing of the Team Member's organization for furtherance of Company related business only. Each Team Member agrees that each use within its intended scope constitutes a separate exclusive license agreement between the Team member and the Company.
5.4
Each Team Member agrees to keep the Lists confidential and to use the Lists for the exclusive purposes as set out herein.
5.5
These Lists remain at all times the exclusive property of the Company and each Team Member agrees.
5.5.1
To hold confidential and not disclose any Lists or portion thereof to any third person or entity including but not limited to existing Heroes competitors and the general public.
5.5.2
To limit use of the Lists to their intended scope of furthering the Team member's Company-related business.
5.5.3
That any use or disclosure of the Lists outside of those authorized herein or for the benefit of any third person or entity constitutes misuse misappropriation and a violation of the Team members license agreement which causes irreparable harm to the Company.
5.5.4
That upon any violation under this Section the Team Member stipulates to injunctive relief as an appropriate remedy enjoining that use under applicable national or local laws and will immediately retrieve and return to the Company all the Lists previously provided to the Team Member upon the Company request and:
5.5.5
That the obligations under this section will survive the termination of the Team Members Application this Agreement and any other agreement between the Company and any Team Member. The Company reserves the right to pursue all appropriate remedies under applicable federal or local laws to protect its rights to the above-stated proprietary and trade secret information covered by the Lists. Any failure to pursue any applicable remedies will not constitute a waiver of those rights.
5.6
Any Team Member who makes a wrongful disclosure of the Lists assists others in wrongfully obtaining the Lists or in any way violates this Section agrees to pay the Company court costs and attorney fees (including the cost of any appeal) for any action the Company must take to enforce this Section.
5.7
To protect the confidential nature of these Lists the Team Member agrees that it is a violation of this Section if the Lists are employed by any other Network Marketing or Direct Selling company or if Team Members access to the Lists could be compromised.
 
SECTION 6 : ORDERING & SHIPPING
6.1
Online ordering. Unless otherwise specified the Company requires all Order Forms and other forms to be submitted online. In certain countries or other areas where internet access is not readily available the Company may permit the Team members to mail or fax all forms directly to the Company.
6.2
All purchases of products inventory sales aids literature and supplies are strictly optional and are made available online. Customer Service can only process product orders over the phone and cannot process orders for sales aids literature and supplies. In the event a Team member is required to use an order form due to the country of residence the order form must be filled out completely and must include the Team Members Identification Number name address telephone number and signature for payment authorization.
6.3
The Company does not condone "Inventory loading" by any Team member in excess of the Team members actual immediate needs for resale or personal use.
6.4
To prohibit "Inventory loading" the Team Member agrees to the following inventory rules:
6.4.1
A Team Member shall not order any product for inventory unless at least seventy percent (70%) of the Team Members previously ordered inventory of that product has been sold or consumed.
6.4.2
The company will not issue any refunds on any products previously certified as sold under the seventy percent (70%) rule unless required by law.
6.4.3
There are no inventory requirements to become a Team Member or to maintain a distributorship or membership.
6.5
The seventy percent (70%) rule. The company sales program is based on sales at retail and not on maintaining an inventory of products. At the time of each order a Team Member must have sold or consumed at least seventy percent (70%) of his/her previous inventory of that product before re-ordering and must be able to certify to such if demanded by the company or by any regulatory agency.
6.6
Each Team Member upon request from the company should be able to furnish a statement documenting such sales and listing at least four (4) individual customers. Team Members are required to maintain all Retail sales receipts for a period of two (2) years and must furnish them to the Company upon request.If a Team Member does not comply with the requirement the Team member is subjected to discipline by the company.
6.7
Pick-up orders may be picked up at the company headquarters or at an Authorized Distribution Center. A Team Member is required to contact the company prior to arranging for the pick-up order to insure that inventory is available.
6.8
Acceptable methods of payment. Payment may be made for all online orders through the use of a company approved major credit card bank draft or other form of payment acceptable online. In certain countries as specified by the Company payment may be made for orders not submitted online by money order cashiers check travelers check cash major credit card and wire transfer or debit card. Personal checks are not accepted.
6.9
On shipments from the United States to an address located outside of the continental United States or in the event that there is a request for non-standard company shipping the recipient shall be subject to any additional rate and handling charges. Shipping rates may change without notice.
6.10
The Team Member is responsible for being available at the time of delivery. In the event that product is returned to the company because the Team Member is not available when the product is delivered or the Team member has failed to provide a current shipping address a resend fee will be assessed to the Team Member to fulfill that order.
6.11
Team Member agrees not to operate in any unauthorized market and agrees not to ship or import products into a country that is not officially open. Without prejudice to the foregoing no Team Member shall export or sell to others who export products from the United States its possessions or territories to any third country. The company reserves the right to refuse shipment into any country jurisdiction or locate in which the company has not officially opened.
6.12
The company may require Team Member to sign a delivery for receipt. Any Team Member may request the cancellation of this procedure. However the company shall not accept responsibility for a missing order if the recipient waives the signature requirement.
6.13
Incomplete orders. It is the responsibility of the Team Member to verify that an order is complete. Shipping discrepancies must be reported online or in writing either by mail or fax within ten (10) business days of receipt of the order. Failure to report this information may result in forfeiture of any missing items.
6.14
Damaged orders. The Team Member is responsible for verifying the condition of all orders. If an order is damaged upon delivery the Team Member MUST accept delivery of the order and then contact Customer Service within ten (10) calendar days of receipt of the order. Prior to returning product the Team Member is required to contact Customer Service for instructions. If the Team Member refuses delivery of a damaged order no refund or exchange will be given.
6.15
Tracing shipments. Should a Team Member not receive an order within an expected delivery time (typically twenty (20) days for U.S. and Canada) an email must be sent or a call should be made to Customer Service to request a trace on the shipment. The Team Member shall provide the name Team Member ID Number and the date of the order. Transport companies consider each package as a separate shipment and multiple package may not all arrive on the same day.
6.16
Back orders. If the company is temporarily out of stock on ordered merchandise a "Bank Order" notice will be sent with the current shipment by email by regular mail or otherwise. Back orders are filled when new inventory arrives.
6.17
Credit for CV is applied at the time the products are ordered to maintain Business Center qualification. Therefore credit card and debit card deductions as well as money order deposits are made at the time of placement of orders and not the shipping of product.
6.18
The Team Member is responsible for providing the correct mailing address to the company. The company will send product to the address provided. In the event that the company mistakenly sends products to an address not provided by the Team Member the company will not reassess shipping charges when the product is sent to the correct address. However if the Team Member provides an incorrect address and the company ships products to that incorrect address the Team Member will be required to pay all shipping costs and fees to re-send the order to the correct address. If the Team Member requests a change of mailing address for an order that has already been batched but has not yet been delivered a $10 re-routing fee will be assessed.
6.19
The product return policy set forth below does not apply to any third party vendors and any products that they supply to Team Members. The company has no responsibility for returns/corrections and the Team Member should contact the vendor directly on any such issues.
 

SECTION 7: PRODUCT RETURN POLICY

7.1
Customers return policy for Team Member sales. The company requires that Team Members provide a one hundred percent (100%) money-back guarantee for all products they sell to third parties. It is the responsibility of each Team Member to refund the purchase price to any unsatisfied customer of that Team Member. The customers request must be made within thirty (30) calendar days of the date of the product purchase to be valid unless a longer period of time is required by law and the product must be unopened and undamaged.
7.2
Return of First Product Purchase. Unless otherwise stated by the Company for a specific country or region a new Team Member may return his/her first product purchase in accordance with the return policy listed below. The enrollment fee of thirty-five dollars ($35.00) is not refundable. Team Member may return product that is unopened and undamaged within thirty (30) days of delivery of the order for a refund of one-hundred (100%) percent of the Team Member's original net cost less appropriate set-offs (including but not limited to shipping charges bonuses taxes or commissions paid to the Team Member) and legal claims if any. A Team Members request of a one hundred percent (100%) refund on his/her first order will be notice to the company of cancellation of that Team Member's Distributorship and termination of the Team Member's ID Number. After the thirty (30) days period mentioned above Team Member may also return product that is unopened and undamaged during the next sixty (60) days for a refund of ninety percent (90%) of the Team Members original net cost less appropriate set-offs (including but not limited to shipping charges bonuses taxes or commissions paid to the Team Member) and legal claims if any.
7.3
After the first product purchase and for Auto-Ship Orders the Team Member may return product that is unopened and undamaged within ninety (90) days of delivery of the order for a refund of ninety (90%) percent of the Team Members original net cost less appropriate set-offs (including but not limited to shipping charges bonuses taxes or commissions paid to the Team Member) and legal claims if any. No refunds will be given for product more than ninety (90) days after the date of delivery. All product returns must take place prior to the date of termination of the Team Members business relationship with the company or his/her independent Team Membership. No refunds will be given if the company clearly discloses to the Team Member prior to purchase that the products are seasonal discontinued or special promotion products and are not subject to the repurchase obligation.
7.4
Refund. All Team Members desiring to return product and receive a refund must comply with the following procedures.
7.4.1
The Team Member MUST accept delivery of the order.;
7.4.2
The Team Member or customer desiring to return product for a refund must call the Company customer service and receive a return merchandise authorization number (herein referred to as the "RMA").
7.4.3
The Team Member or customer must provide the following in a letter to the company (1) the reason for the return (2) the RMA number on the Company return request form which must be completely filled out by the Team Member and (3) a copy of the original dated Nature Hero International invoice.
7.4.4
The shipping to the company must be prepared by the Team Member. The company does not accept shipping-collect packages.
7.5
The company does not provide a refund for any sales aids promotional materials sales kits or any other marketing materials purchased by the Team member because purchase of these items is not required and because there is no financial benefit related to the purchase of these materials.
7.6
In no event shall the company refund any shipping expense for the delivery or return of product.
7.7
The company must receive the returned products within fifteen (15) calendar days of providing to the Team Member an RMA; otherwise the company shall not provide a refund.
7.8
The company agrees to post any return policy for a specific country or region that differs from the return policy set out herein.
7.9
The company's return policy may be modified to comply with applicable laws regulations or ordinances.
7.10
The Team Member agrees that the company shall not provide a refund for product returned after the specified period set out in the return policy.
7.11
If a Team Member returns product to the company and no refund is due the Team Member forfeits any and all rights to the products and explicitly authorizes the company to re-inventory the product for resale or to use the product for samples.
7.12
Team Members are subjects to adjustments of commissions paid on product returned by Team Members in their organization.
7.13
The company will not make cash refunds. Refunds will be credited to the credit or debit card charged by the company for the same order.
7.14
A Team Member who disputes the payment on his/her credit card for product that has been sent by the company will be immediately terminated.
7.15
Exchanges. All product exchanges must take place within (30) days from team Members receipt of the product and will be subject to a ten (10%) percent restocking fee and the Team Member shall be responsible for all additional shipping costs.
 
SECTION 8: PRODUCTS RETAIL SALES & PRODUCT CLAIMS
8.1
The company shall have the exclusive right to set the retail and wholesale price of the product factors such as cost production market conditions competitive pricing and access to the markets are considered when determining the price. From time to time changes will occur in the price of the products. The company will provide notice to the Team Members prior to officially changing the price. Such notice will be posted to the company's website.
8.2
Team Members shall not repackage or re-label the product.
8.3
Any report of missing product or problems with product received shall be reported to Nature Hero International at help@mynaturehero.com within thirty (30) days of the date the product was or should have been delivered.
8.4
Team Members to make any claims verbal or written regarding the Company products unless such claims are pre-approved by the company and/or posted on the company's website. All claims must have a reasonable basis in fact and must be consistent with the claims and representations made in current Nature Hero International marketing publications or on current Nature Hero International product labels.
8.5
Team Members may make only those structure/function claims that appear on Nature Hero International labels and marketing materials for the product in question. A structure/function claim is one that the product may "assist" or "support" an existing healthy bodily function or organ. Medical claims are prohibited. The company does not represent or imply that:
8.5.1
Any product is intended to diagnose treat cure or prevent any disease; or
8.5.2
Any ingredient or combination of ingredients will have results other than what is medically known and accepted.
8.6
All structure/function claims including testimonials must be accompanied by the following disclaimer placed adjacent to the claims on every page on which the claims appear: These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose treat cure or prevent any disease.
8.7
A new Team member's primary source of business income is derived from selling the products at the suggested retail price. The retail profit is the difference between the Retail price and the Team Member price of the product less shipping costs.
8.8
When a retail sale is made Team Members will provide their customers a complete retail Sales Receipt and will honor any customer request to cancel the transaction within three (3) business days of the date of purchase if required by law.
8.9
The company recognizes no exclusive territories. Team Members will not be limited from conducting business in any state country or jurisdiction declared "open" by the company. The company will place a drop-down list on its website designating areas that are open. Team Members are prohibited from shipping products organizing and conducting events or pre-launching in a country not opened by the company.
8.10
Each country has rules and procedures unique to that country. Team Members must follow the rules established for legal operation in the country in which they reside or in which they conduct business.
8.11
Autoship/ program. The Autoship program or "Autoship" permits a Team Member to receive a standing product order to meet his/her personal consumption and inventory needs as well as qualification and bonus requirements.
8.12
Autoship order changes may be made using the Team Member's online back office account or by contacting Nature Hero International Customer Service. It is required that any change be received by the company no less than two (2) weeks prior to the normal Autoship billing date. Changes received after that date will be processed for the following cycle. Any requested order change prior to the completion of three (3) months with the same Autoship order may be assessed with a processing charge.
8.13
Autoship cancellation. Team member must contact Nature Hero International Customer Service to request cancellation of the Autoship Program. Cancellations are subject to the same time requirements as Autoship changes. If a Team Member's Autoship order fails to process for three (3) consecutive months the Company has the right to take the Team Member off of Autoship.
 

SECTION 9: INCOME REPRESENTATIONS AND TEAM MEMBER EARNINGS

9.1
Team Member shall not misrepresent actual implied or potential income representations or claims regarding the Company program. Team Member shall base any earnings or sales representations on documented facts.
9.2
There is no guaranty that a Team Member will earn any money. Each individuals success depends on his or her background dedication desire and motivation. As with any business endeavor there is an inherent risk of loss of capital and there is no guarantee that a Team Member will earn any money. Materials on the company's website and presented at any meetings or conferences may contain information that includes or is based upon forward-looking statements. Forward-looking statements give the company's expectations or forecast of future events. These statements may be identified by the fact that they do not relate strictly to historical or current facts. They use words such as "anticipate" "estimate" "expect" "project" "intend" "plan" "believe" and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. There can be no assurance that any prior successes or past results as to income earnings can be used as an indication of a Team Member's future success or results.
9.3
Commission payments and cap. The calculations for commissions are made at Nature Hero International discretion. Nature Hero International may cap the commission at any time and for any reason. The phrase "The Company will pay out in commissions up to a maximum of sixty (60%) percent of the company's total commissionable volume "includes all Leveraged bonuses leadership retreats. Car bonuses negotiated agreements claw-backs refunds and returns.
9.4
Nature Hero International may pay commissions to Team Members by check E-wallet Direct Deposit and other means that the company may decide in the future. In the event a check from Nature Hero International is not redeemed within six (6) months after issuance the check becomes void and Nature Hero International will charge a $50 check cancellation fee to the Team Member's account. If a new check is subsequently requested Nature Hero International will charge its standard check issuance fee. In the event that Nature Hero International cannot locate a Team Member who has unredeemed checks then the balance owing on the Team Member's account will become subject to state escheat laws. Once money has been escheated to a state it is the Team Member's responsibility to reclaim this amount from the state
9.5
It is the responsibility of each Team Member/Hero to ensure that Nature Hero International has his/her most current contact information. The Team Member shall be responsible to notify Nature Hero International of any and all address changes and telephone number changes. Nature Hero International will attempt to locate Team Member whenever there are amounts owing to the Team Member. In the event that Nature Hero International is unable to contact Team Member due to inaccurate or outdated contact information Team Member's account shall be charged $25.
 

SECTION 10: SALES TAX VAT AND GOVERNMENTAL LEVIES

10.1
Many states and local governments levy sales Taxes VAT and other fees (hereinafter referred to as "Sales Tax") that apply to the sale or import of the Company products. In some jurisdictions certain products may be exempt from taxes. The company's tax policy addresses the complexity in dealing with the thousands of local and state taxing agencies.
10.2
Sales Tax on Pick-Up orders. Each Team Member who picks up an order directly from the company or Authorized Retail Point must pay Sales tax on those orders that require such tax according to the tax rate of the state country and city where the order was picked up. Unless otherwise determined by the company the order will be taxed at the sales price. Once collected these taxes will be paid by the company to the proper authorities. A Team Member who has a Sales Tax Identification Number or its equivalent and has provided a copy of it along with a properly completed exemption certificate which is on file with the company and who accepts responsibility for payment of the taxes may be granted an exception to the payments of the Sales Tax.
10.3
Sales Taxes on mail orders. When ordering by mail or website the Team Member shall include with the order the correct amount of state country and city Taxes applicable in the location to which the order is being shipped. Team Members with a Sales Tax Identification Number may be exempt if the appropriate documentation is on file with the company. The company will check to determine if the amount of tax shown on the order form is correct. If incorrect the difference will be added to or subtracted from the cost of the order and noted accordingly on the order form. Over payments will be corrected by crediting the account under-payments will be charged accordingly. Taxes will be deposited with the appropriate authorities. In no event shall the company be liable for the repayment to the Team Member of any Sales Tax collected and that has been remitted to and retained by any taxing entity.
 
SECTION 11: ETHICS
11.1
All Hero shall comply with all country federal state and municipal laws relating to Team Member's business and shall not engage in any unlawful or illegal trade practices or business activity. Team member shall conduct his/her business in a manner that reflects the highest standards of honesty integrity and responsibility toward customers.
11.2
The company prohibits a Team Member from participating in any activity that is unethical. The company has an unfettered right to intercede when unethical behavior is evident and when such behavior violates this Agreement. This company reserves the right to use its best judgment in deciding whether certain Team Member activities are unethical and if determined to be so to act accordingly.
11.3
Although not intended to be an inclusive/exclusive list the company provides the following examples of activities and that is considered unethical:
11.3.1
Developing promoting or selling product in a retail outlet not approved by Nature Hero International as a Retail Point;
11.3.2
Directly or indirectly supplying products via another person for the promotion or sale of product in a retail outlet;
11.3.3
Cross-sponsoring or cross-recruiting
11.3.4
The unauthorized use of another person's credit card
11.3.5
Misrepresenting or exaggerating the efficacy of the products
11.3.6
Making income representations or intentionally misrepresenting the Nature Hero International Compensation Plan
11.3.7
Engaging in any deceptive or unlawful trade practice or other illegal or unlawful activity.
11.3.8
Failing to submit advertisements or proprietary sales material bearing the company's name for approval prior to publication;
11.3.9
The use or misuse of the company's name likeness or logo in print or electronic media advertising without express written consent of the company
11.3.10
The use or misuse of the company's logo or trademark in any sponsoring or recruitment advertising or any financial activity without the express written consent of the company.
11.3.11
The misuse of the company's corporate name;
11.3.12
Any unauthorized duplication of Company literature
11.3.13
Any violation of the Company's Policies and Procedures
11.3.14
Intentionally circumventing the Agreement to perform effectuate or accomplish indirectly what is prohibited directly.
11.3.15
Making derogation remarks regarding the company other Team Members the Company's products the Sales Compensation Plan or the Company's executives directors officers or employees.
11.3.16
Representing or implying that the company's product or sales Compensation plan have been reviewed endorsed or approved by any regulatory agency; and
11.3.17
In no case shall the name of Nature Hero International appear in any URL except those owned by the corporation.
11.4
Team Member may not sell offer barter or facilitate the sale of products or Nature Hero International Team Memberships on websites where an auction is the mode of selling/buying. A Team Member may not employ or contract with others to violate this policy.
11.5
Spam. The act of spamming is strictly prohibited by the CAN-SPAM Act of 2003. For more information on spam please visit www.ftc.gov/spam/. Spamming consists of but is not limited to:
11.5.1
Website that attempt to gain a higher listing by submitting numerous identical pages in order to increase the number of key words within a web document.
11.5.2
Inappropriate attempt to gain a higher listing by submitting numerous identical paged in order to increase the number of key words within a web document.
11.5.3
Sending mass e-mail promotions or advertisements to people that have not asked for it; and
11.5.4
Unethical techniques; such as cloaking mirror sites and doorway pages to trick the search engine into giving the webpage a higher ranking or priority.
 

SECTION 12: TERMINATION

12.1
A Team member's right under this Agreement are conditioned upon and subject to the Team member's continued performance in accordance with the terms of this Agreement. Upon failure by a Team Member to perform his/her obligations as set forth in this Agreement the Team Member agrees that the company may terminate the Team Member's ID Number. The company may excuse a Team Member's non-performance or malperformance in whole or in part without waiving its rights and remedies under this Agreement. Furthermore or in lieu of terminating this Agreement the company may:
12.1.1
Provide verbal and/or written notification to the Team Member of the company's concerns and of the company's intent to terminate the Team Member's ID Number if the Team member's non-performance continues
12.1.2
Closely monitor the Team Member's conduct over a specific period of time to ensure performance of the contractual duties by the Team Member
12.1.3
Requires additional assurance by the Team Member that future performance will be in compliance with this Agreement. Further assurances may include requiring the Team Member to take certain actions in an effort to mitigate or correct the Team member's non-performance or malperformance
12.1.4
Deny privileges that are awarded to Team Members from time to time by the company or cease performing the company's obligations under this Agreement including but not limited to awards recognition at corporate events or in corporate literature participation in company-sponsored events and placement of product orders;
12.1.5
Discontinue or limit payment of commissions and bonuses from all or any part of the Team Member's and organizations sales based on the premise that because of the Team Member's noncompliance or malperformance the Team Member's is not entitled to bonuses and commissions
12.1.6
Reassign part or all of the organization to a different sponsor and/or
12.1.7
Seek injunctive relief or other remedies available at law and/or in equity in accordance with this Agreement.
12.2
The following procedure applies when the company investigates an alleged violation of this Agreement:
12.2.1
The company will either provide verbal notice or send a written notice of the alleged breach of this Agreement to the Team Member. Each Team Member agrees that the relationship between a Team Member and the company will neither honor nor respect any claim by a Team Member that the relationship is or has been quasi-contractual has arisen by implication from any continuing practice or course of action has been verbally authorized by an employee of the company in contradiction to the terms of this Agreement or is otherwise implied in fact; and
12.2.2
In a case when written notice is sent the company will give the Team Member an opportunity to present all of his/her information relating to the incident for review by the company; the company reserves the right to prohibit activity (e.g. Placing orders sponsoring modifying Team Member information receiving Bonus and commissions etc.) by the distributorship in question from the time notice is sent to the Team Member until a final company decision is rendered.
12.3
On the basis of any information obtained from collateral sources and from the company's investigation of the statements and facts taken together with information submitted to the company during the response period the company will make a final decision regarding the appropriate remedy which may include the termination of this Agreement and the Heros ID Number. The company reserves the right to impose remedies for similar violations on a case-by-case basis. The company will promptly notify the Hero of its decision. Any remedies will be effective as of the date on which notice of the Company decision is dispatched. Certain obligations regarding confidentiality of information and the Hero's network and non-solicitation and non-interference requirements shall survive termination of this Agreement as outlined herein.
12.4
The act of any participant in a distributorship including but not limited to a spouse or partner of a Team Member is attributable to the distributorship and all remedies including termination of this Agreement necessitated by that act or failure to act may be applied to the distributorship generally.
12.5
The company will not review any violation of the terms and conditions of this Agreement not brought to the Company attention within ninety (90) days of the initiation of the alleged violation unless the alleged violation did not become known or reasonably should have been known to the person(s) reporting the matter. Failure to report a violation within the ninety (90) days period will result in the company not pursuing the allegations in order to prevent stale claims from disrupting the ongoing business activities of distributorship. All reports of violation must be in writing and sent to the company by mail fax or e-mail.
 

SECTION 13: TEAM MEMBER TERMINATION

13.1
A Team Member has right to voluntarily terminate his/her Agreement and ID Number at any time regardless of reason. Notice of the voluntary termination must be submitted in writing to the company at its principal business address or by email to help@mynaturehero.com . Termination becomes effective as of the date the Hero sends notice of the termination to the company. If a Team Member voluntarily terminates his/her Agreement and ID Number Team Member agrees to adhere to his/her obligations regarding confidentiality of information and agrees that the Team Member network and non-solicitation and non-interference requirement shall survive termination of this Agreement as described above.
13.2
A Team Member shall be eligible to re-apply for a distributorship no earlier than six (6) months from the date the notice of termination is sent to the company.
 
SECTION 14: PAY PERIOD
14.1
Commission checks are issued once a month. Orders received Monday through Friday will be processed for payment with forty-eight (48) hours.
14.2
If a Team Member believes any errors have been made regarding commissions bonuses business reports or charges the Team Member must notify the company in writing within thirty (30) days of the date of the purported error or incident in question. The company will not be responsible for any errors omission or problems not reported within thirty (30) days of the purported error or incident.
14.3
Under no circumstances will the company split Distributorship commission and bonus checks between divorcing spouses or members of dissolving entities.
 

SECTION 15: ADVERTISING & PROMOTION TRADE SHOWS ONLINE AUCTIONS

15.1
The company encourages advertising and promotion as a viable method for Heroes to build their businesses. However strict guidelines are necessary to maintain an ethical marketing effort. Therefore these guidelines are a part of this Agreement between the company and its Team Members.Heroes/Team Members are independent contractors not employees of Nature Hero International the company or its affiliates or subsidiaries and cannot represent themselves as such. Further a Hero can in no way state or otherwise imply that such Team Member or any new Hero will be employed by the company.
15.2
Corporate approved audio recordings and phone message recording must identify the Hero as an independent Team Member at the BEGINNING of the message.
15.3
Company names Trademarks and Logos Nature Hero International LLC employee names corporate names or names similar to such names trademarks and/or logos are proprietary and may not be used in any manner including the reproduction of literature or in any advertisement without prior written approval from the company. Any approved advertisements must indicate that the Hero is an "Independent Contractor" or "Independent Team Member" of Nature Hero International LLC. Use of the company's name or logo alone without reference to the Hero being an Independent Contractor or Independent Team Member is strictly prohibited. The company's name and logo and names and/or logos of products can only be used in retail product advertising that has been pre-approved by the company. Advertisement to attract Team Members and business opportunity advertising must be pre-approved in writing by the company and/or run "blind" i.e. without reference to the company or its products. In no case shall the name of Nature Hero International appear in any URL except those owned by the company.
15.4
The company strictly prohibits the use of its corporate name logo or trademark or any statements with respect to the company its business products or operations in any financing activity by a Hero. The company does not approve or condone any such financing activities and any violation of this policy could lead to the termination of a Team Member.
15.5
Websites. Team Members may not without prior written authorization by the company use the name "Nature Hero International" Nature Hero International products or other intellectual property of Nature Hero International (or any variations thereon) in domain names (URLs) or the titles for any pages within websites (including but not limited to home pages). However the name "Nature Hero International" and product names may be used by Team Members in search engine Meta tags and title tags. In the case of a domain name violating this rule Nature Hero International shall have the right to require the owner to transfer it to Nature Hero International immediately and at no cost to Nature Hero International. This shall be in addition to Nature Hero Internationals other rights and remedies.
15.5.1
Team Members may not use third parties trademarks trade names or product names (or any variations thereon) in domain names (URLs) the titles for any pages within websites (including but not limited to home pages) email addresses or Meta tags unless they have sought and obtained prior written consent from the owner.
15.5.2
Team Members operating websites related to their Nature Hero International business may feature only the Nature Hero International Independent logo and product images on their websites.
15.5.3
Team Members may not use any misleading or deceptive tactics (as determined by Nature Hero International in its sole and absolute judgment) in order to improve their index preference with search engines.
15.5.4
Team Member may have a link on their websites to Nature Hero International official home page or any other website produced or maintained by Nature Hero International and any other websites maintained by that same Team Member to promote Nature Hero International product line and income opportunity.
15.5.5
Team Member conducting or seeking to conduct business in international markets via their own or other websites must comply with Nature Hero International policies and procedures and any other Nature Hero International rules as well as the laws and regulations of each country which has jurisdiction over their commercial and internet activities including but not limited to rules laws and regulations pertaining to the confidentiality of consumer data privacy rights restrictions on telemarketing and restrictions on marketing over the internet. Product references may include only those products that are for sales in the particular country to which such communications are directed.
15.5.6
Team Member websites that promote Nature Hero International products or income opportunity or any other relationship with Nature Hero International must maintain the confidentiality of consumers and site users by complying with the privacy laws in each country from they receive consumer information. Team members must post in a prominent location a "Privacy Statement" that informs consumers whether or not personal information is being collected about them and how such information will be used.
15.5.7
Team Members may not sell trade or use consumer or site user information unless the consumer or site user express written consent to the Team Member. If the Team Member obtains written consent from the consumer or site user the Team Member may only sell trade or use the information in connection with Nature Hero International products or income opportunity.
15.5.8
Team Member may not publish post or distribute any materials on or via the internet whether or not inconnection with Nature Hero International that are in Nature Hero International sole and absolute judgment defamatory libelous disparaging threatening offensive harassing abusive obscene or pornographic.
15.5.9
Team Members may not interfere or take any action that results in interference with or disruption of www.mynaturehero.com or other websites maintained by Nature Hero International or its Team Members nor may they gain or attempt to gain access to computer systems or networks connected to those sites or any other sites without prior written permission or authorization from Nature Hero International.
15.6
Advertising approval. Team Member must receive approval from the company prior to using in any form company names trademarks or logos of its products including but not limited to newspapers magazines flyers or any type of printed media letters and proposals including the internet audio or video tapes or CDs and promotional items. Team Member may submit advertising material to the company for approval at approval@mynaturehero.com.
15.7
Recorded messages. All recorded messages that are referenced in ANY form of advertising that include company products names trademarks or logos MUST be submitted in written script form to the company for approval and must be approved prior to use at approval@mynaturehero.com .
15.8
General promotions. Team Members can promote their businesses in any legal and ethical manner they desire if they do not use any of the Company names or logos. No reproduction of the Company literature or labels is allowed. Reproduction of product labels is a violation of state law. Only original materials as furnished by the company may be used. All company literature is copyrighted and cannot be duplicated in any form without express written consent from the company. This restriction includes but is not limited to photocopies graphics reproductions translated verbiage corporate/product photos and copy taken in part and/or out of context. Team Members must not state or imply that the company approves or endorses any privately produced motivational literature or training materials used within Team Members own organizations. The company will provide marketing and other material at www.mynaturehero.com. This material can be used by Team Members at any time.
15.9
Public advertising media. Public advertising media is prohibited. Any radio or television (network or cable) broadcast or other electronics media including the internet billboards bus stops and/or park benches are prohibited without express written consent from the company. Advertising or sales over the internet is allowed provided that the Team Members follows the requirements and prohibitions described in this section and/or uses the company sponsored replicating website. The Team Member will make no attempt to alter or modify the content of the Company replicating website to reflect literature images photocopies graphic reproductions translated verbiage corporate/product photos and copy taken in part and/or out of context and that will violate the Company policies and procedures as well as any and all other Agreements associated with the Nature Hero International business.
15.10
Interviews with media. Team Members are prohibited from granting interviews with any broadcast media including but not limited to television radio newspaper magazines and trade journals or over the internet regarding the company. Such interviews will only be granted by authorized employees of the company.
15.11
Team Member audio and video recordings or CDs. Only Team Members who have received written authorization from the company in advance can promote for distribution audio and video tapes CDs or other recordings that they produce themselves. The recordings must meet the following criteria.
15.11.1
They must be approved in writing by the company prior to duplication. A hard copy script must be submitted for approval
15.11.2
The cover and/or label must identify the Hero who has recorded it and clearly indicate that he/she is an Independent Team member. A similar statement is necessary as an introduction at the beginning of the recording.
15.12
Retail Outlets. The company does not permit its products to be sold or displayed in most retail outlets. However there are exceptions to this policy. Those retail exceptions are businesses that operate "Retail Point".
15.12.1
The following retail outlets are examples of those retail outlets that definitely CANNOT sell company products or display literature health food stores mail booths and drug stores.
15.12.2
This policy does not prohibit any retail store owner from being a Team Member for the company.
15.12.3
The purpose of this policy is to protect both Team Members and customers.
15.13
Fair & Trade Shows. Team Members can promote company products at Fairs and Trade Shows with conditions that the products are not shown or displayed with any other products that are sold via Network Marketing. Flea Marketing and Swap Shops are not allowed locations for the sale and/or display of company products names trademarks opportunities literature or services.
15.14
Team Member may not sell offer barter or facilitate the sale of products or Nature Hero International Team Memberships on websites where an auction is the mode of selling/buying. A Team Member may not directly or indirectly employ contract with or use others to violate this policy.
15.15
Telemarketing. Team Member are individually responsible for understanding and following the federal laws and regulations relating to telemarketing practices as well as those in each state or jurisdiction in which they intend to conduct business. Please visit the Federal Trade Commission website at www.ftc.gov and the Federal Communications Commission website at www.fcc.gov for more information.
 
SECTION 16: LEGAL RELATIONSHIP BETWEEN THE COMPANY AND THE TEAM MEMBER
16.1
The policies and procedures herein are not intended to create third-party rights in any Distributorship or organization regarding the conduct of any other Team Member.
16.2
Independent contractor status. A Hero shall be and is an "independent contractor" and shall have the relationship of such to the company. No Hero shall make any representations to third parties which would suggest that he/she is an employee or acts on behalf of the company. Team Member acknowledges and agrees that the company shall not withhold any governmental federal or state income taxes FICA or other taxes from commissions bonus or promotions paid to Team Member. Notwithstanding the above if a Hero fails to provide complete and accurate tax documentation to the company (as required below in section 16.6) then the company may withhold taxes according to federal and state tax laws without affecting Team Members independent contractor status. Team Member agrees in light of his/her status as an "independent contractor" to timely pay all self-employment taxes and similar or related governmental taxes or charges as required by applicable laws concerning "independent contractor" on any and all economic benefits being provided hereunder.
16.3
Team Member has no authority to bind the company to any obligation.
16.4
Team Member has no authority to take any steps in any country or other political jurisdiction to introduce or further the Company business.
16.5
Team Member has no authority to take any steps in any country to register or reserves company names trademarks or trade names to secure approval for products or business practices or to establish business or governmental contacts of any kind on behalf of the company. Team Member agrees to assign immediately to the company any registration of company names trademarks service marks trade names or products registered in violation of this section.
16.6
Each Team Member must provide a tax identification number to the company if the Team Member is an individual then a social security number (or equivalent tax identification number) is required. A tax identification number issued by a national or federal taxing authority (Form W-9 or equivalent in the U.S.) is required for individuals and business entities such as partnerships organizations corporations trusts limited liability companies etc. failure to provide complete and accurate identification and/or documentation as requested above may result in with holdings from commissions earned by Team Member.
16.7
Each Team Member agrees to indemnify and hold harmless the company for any tax related penalties and charges incurred.
16.8
The provisions of this section survive the termination of the Agreement.

SECTION 17: GENERAL PROVISIONS

17.1
Indemnification. To the extent permitted by the law the company its directors officers shareholders employees assigns and agents (collectively referred to as "affiliates") shall not be liable for and Team Member expressly releases the company and its affiliates from and waives all claims for any loss of profits indirect direct special or consequential damages or any other loss incurred or suffered by said Team Member as a result of:
17.1.1
The Heros breach of this Agreement including the Company policies and procedures and the Terms and Conditions;
17.1.2
The promotion or operation of a Team Members business and any activity relating thereto including but not limited to the following examples; the presentation of company product or the Nature Hero International Compensation Plan the operation of a motor vehicle the lease of meeting or training facilities etc.
17.1.3
Any incorrect or wrong data information provided by the Team member or
17.1.4
The failure to provide any information or data necessary for the company to operate its business. The Team Member agrees that the entire liability of the company to the Team Member including but not limited to any cause of action sounding in contract tort or equity shall not exceed and shall be limited to the amount of a Month Autoship products the Team Member has purchased from the company under this Agreement or any other agreement and that are undamaged unopened and unexpired.
17.2
Each Team Member shall defend and hold the company harmless from any claim damages or liability arising out of a Team Members business or advertising or resulting from statements that may be illegal and or claims not approved by the company.
The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any of the other provisions.
17.3
The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any of the other provisions.
17.4
The company provides services promotions and information to its Team Members without charge. Requests by Team Members that fall outside of the day to day activities of the company and which require special time and effort to fulfill including but not limited to making copies researching and reissuing payments shall incur a fee of fifty dollars ($50.00) (USD) per hour plus actual costs with a minimum charge of fifty dollars ($50.00) (USD) per project plus actual costs.
17.5
Privacy policy. Information provided by a Team Member will be used for the purpose set out herein. No other use of the information will be made.
17.6
Arbitration. The company and Team Member may upon mutual written agreement agree to resolve any breach of this agreement by binding arbitration. The arbitration proceedings shall take place at the Company headquarters and in accordance with the rules of the American Arbitration Association.
17.7
Waiver. Any waiver by the company of any breach of this Agreement must be in writing and signed by an authorized company officer. A decision by the company to delay or abstain from action against a Hero for any breach by the Team Member of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
17.8
Force Majeure. The company will not be responsible for delays or failures in its performance of its obligations when performance is made impracticable due to circumstances beyond its reasonable control such as war strikes riots fire earthquake or other natural disasters of a partys source of supply or governmental decrees or orders.
17.9
This Agreement and any ensuring agreement shall be governed and construed in accordance with the laws of New York State and Federal courts of New York shall have jurisdiction over any and all matters raised under this Agreement or between the parties. The parties waive all personal jurisdiction claims associated with enforcement of this Agreement and the requirements for service of process. The parties agree to accept service of any papers pleadings or other documents by certified mail or overnight mail with evidence of a return receipt signed by recipient.
17.10
Equitable or Injunctive relief.Attorneys Fees and waiver. The parties agree that a breach of the obligations of this Agreement is likely to cause irreparable harm to the company and that money damages alone would be inadequate as a remedy. Therefore Team Member waives any objection to equitable or injunctive relief for the company based upon a breach or anticipatory breach of this Agreement. Team Member agrees that in addition to actual damages a showing of irreparable harm is not necessary to enforce injunctive relief and that the company shall be entitled to a temporary restraining order or preliminary or permanent injunctive relief without the necessity of posting a bond or security. In the event of breach the no-breaching party shall be entitled to attorney fees and court costs.
17.11
The Team member has read this Agreement in its entirety and understands all the provisions of this Agreement. If a Team Member files a claim or counterclaim against the company the Team Member shall do so on an individual basis and not with any other Team Member or as part of a class action.
17.12
In the event that any provision of these Policies and Procedures conflicts with the policies and procedures or laws in the country wherein Team Member resides the local policies and procedures and/or local laws shall govern and the validity or enforceability of the remaining provisions herein shall be unaffected. To the extent that any provision of these Policies and procedures is adjudicated invalid or unenforceable because it is overbroad that provision shall not be void but rather shall be limited only to the extent required by applicable law and enforced as so limited. The parties expressly acknowledge and agree that this section is reasonable in view of the parties respective interest.