Policies and Procedures

POLICIES AND PROCEDURES

 

1.0     INTRODUCTION

 

1.1       Mutual Commitment Statement

 

The goal of Farmasi US LLC (doing business as “Farmasi,” and/or referred to as “We,” “Us,” “Our,” or simply the “Company”) is to provide exceptional products and services to consumers. This is only made possible with the support of and passion by its members of the Farmasi sales organization (known as “Entrepreneurs”). To achieve sustained success as a business, Farmasi hereby pledges aid and support to all its Entrepreneurs in return for such mutual commitment by these Entrepreneurs to the Company in the effort to reach and support all interested consumers.

 

1.2       Purpose of Policies and Effective Date

 

A.              To clearly define the relationship that exists between Us and you, and to explicitly set a standard for acceptable business conduct, We now put forth these Policies and Procedures.

 

B.              As an Entrepreneur, you are required to comply with: 

 

I.                 All of the terms and conditions set forth in the Entrepreneurs Agreement, which We may amend from time to time in Our sole and absolute discretion; 

 

II.               All federal, state, and/or local laws governing your Farmasi business; and

 

III.             Lastly, these Policies and Procedures.

 

C.              An Entrepreneur must review the information in these Policies and Procedures carefully. Should you have any questions regarding a policy or rule, We encourage you to seek an answer from your Sponsor (as defined in the Glossary of Terms herein). Should your Sponsor not provide the appropriate clarification, you may contact the Farmasi Compliance Department.

 

D.              These Policies and Procedures shall become effective as of January 3, 2019 (“Effective Date”).

 

1.3       These Policies and Procedures and the Compensation Plan Incorporated into the

Entrepreneur Agreement

 

A.        Throughout these Policies, when the term “Agreement” is used, this collectively refers to the Entrepreneur Agreement, these Policies and Procedures, and the Company Compensation Plan. 

 

B.        It is the responsibility of a Sponsoring Entrepreneur to provide the most current version of these Policies and Procedures and the Company Compensation Plan to each applicant prior to any execution of an Entrepreneur Agreement.

 

1.4       Changes, Amendments, and Modifications

 

C.              Because federal, state, and local laws, as well as the business environment, periodically change, We reserve the right to amend the Agreement from time to time. Additionally, the Company may change and amend the prices on all its product at any time in the future. Please note, this provision does NOT apply to the arbitration clause found in Section 12, which can only be modified via mutual consent. 

 

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

 

I.         Posting on the official Corporate website;

 

II.        Electronic mail (e-mail); or

 

III.       In writing through Company newsletters or corporate communication channels.

 

C.        Understand that any continued business, ordering, acceptance of a commission or bonus payout, or other benefit received by an Entrepreneur pursuant to this Agreement constitutes the acceptance of this Agreement in whole with any and all amendments. 

 

1.5       Delays

 

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

 

2.0       BASIC PRINCIPLES

 

2.1       Becoming An Entrepreneur

 

A.        As a Farmasi Entrepreneur, you will be a part of a team of passionate, driven, like-minded individuals, all working towards the common goal of achieving emotional, personal and financial success. To become an Entrepreneur, you must comply with the following requirements:

 

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

 

II.        Reside or have a valid address in the United States or other U.S. territory;

 

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

 

IV.            Submit a properly completed and signed (via hard copy or electronic signature) Entrepreneur Agreement;

 

V.              Not be a Farmasi employee, or the spouse or relative of a Company employee living in the same household; and

 

VI.            The purchase of a Farmasi Starter Kit.

 

2.2       Registration and Enrollment of an Entrepreneur

 

A.        You can submit your Entrepreneur Agreement through mail or the Farmasi website (http://www.farmasius.com). The application must be received within five (5) business days of your enrollment for you to receive Entrepreneur benefits. If the Entrepreneur Agreement is not received within five (5) business days, your Entrepreneur account will remain on temporary hold until We receive the Agreement.

 

B.        A potential new Entrepreneur may also enroll on the Sponsor’s replicated website. Instead of a physically signed Entrepreneur Agreement, We will accept the web-enrollment through the “electronic signature.” The electronic signature signifies that the new Entrepreneur has accepted the terms and conditions of the Entrepreneur Agreement, the Policies and Procedures, the Terms of Use, and the Compensation Plan. Please note that such electronic signature constitutes a legally binding agreement between you and the Company.

 

C.        Farmasi reserves the right to require signed paperwork for any account, regardless of origin.

 

D.        Signed documents, including, but not limited to Entrepreneur Agreements, are legally binding contracts which must not be altered, tampered with or changed in any manner after execution. False or misleading information, forged signatures or alterations to any document, including business registration forms, made after a document has been executed may lead to sanctions, up to and including involuntary termination of an Entrepreneur’s Farmasi business.

 

2.3       Rights Granted

 

Farmasi hereby grants to you as an Entrepreneur the non-exclusive right, based upon the terms and conditions contained in the Entrepreneur Agreement and these Policies and Procedures, to the following:

 

I.          The ability to purchase, sell and promote Farmasi products and services;

 

II.         Sponsor new Entrepreneurs and Customers in the United States, building a sales organization and earning commissions of the personal and downline sales of Farmasi products.

 

2.4       Identification Numbers

 

A.        Each Entrepreneur is required to provide his or her Social Security Number, or Federal Tax Identification Number, if located in the United States or any of its territories, to the Company on the Entrepreneur Agreement. We reserve the right to withhold commission payments from any Entrepreneur who fails to provide such information or who provides false information.

 

B.        Upon enrollment, We will provide you a Farmasi Identification Number. This number will be used to place orders, structure organizations, and track commissions and bonuses.

 

2.5       Business Entities

 

A.        A corporation, partnership, LLC, or trust (collectively referred to as a “Business Entity”) may apply to be an Entrepreneur. This Farmasi business and position will remain temporary until the submission of proper Business Entity documents. As examples of proper documents, We expect a Business Entity application to submit some of the following: Certificate of Incorporation, Articles of Organization, Partnership Agreement or appropriate Trust documents. We must receive these documents within five (5) business days from the execution date of the Entrepreneur Agreement.

 

B.        An Entrepreneur may change his or her status under the same Sponsor from an individual to a Business Entity so long as he or she complies with Section 2.5(A).

 

2.6       Independent Business Relationship; Indemnification for Actions

 

A.        As an Entrepreneur, you are an independent contractor, and not a purchaser of a franchise or business opportunity. As a result, each Entrepreneur’s success depends entirely upon his, her or its own independent efforts.

 

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

 

C.        An Entrepreneur shall not be treated as an employee of Farmasi for any purposes, including, without limitation, for federal or state tax purposes. You are responsible for paying local, state, and federal taxes due from all compensation earned as an Entrepreneur. Any other compensation received by Entrepreneurs from the Company will be governed by applicable U.S. tax laws (or the tax laws of any other applicable jurisdiction). You as an Entrepreneur have no express or implied authority to bind Farmasi to any obligation or to make any commitments by or on behalf of the Company. Each Entrepreneur, whether acting as management of a Business Entity or represented as an individual, shall establish goals, hours, and methods of operation and sale, so long as in compliance with the terms of the Entrepreneur Agreement, these Policies and Procedures and applicable state and federal laws.

 

D.        You are fully responsible for all of your verbal and written communications made regarding Farmasi products, services, and the Compensation Plan that are not expressly contained within official Company materials. Entrepreneurs shall indemnify and hold harmless Farmasi, its directors, officers, employees, product suppliers and agents from any and against all liability including judgments, civil penalties, refunds, attorney fees and court costs incurred by Farmasi as a result of an Entrepreneur’s unauthorized representations or actions. This provision shall survive the termination of the Entrepreneur Agreement.

 

2.7       Errors or Questions

 

If an Entrepreneur has questions about, or believes any errors have been made regarding commissions, bonuses, business reports, orders, or charges, the Company requires any inquiries by submitting a ticket through your Farmasi Back Office within thirty (30) days of the date of the error or incident in question. Any such errors, omissions or problems not reported within this thirty-day timeframe days is expressly waived by Entrepreneur.

 

3.0       RESPONSIBILITIES OF A FARMASI ENTREPRENEUR

 

3.1       Correct Addresses

 

A.        It is the responsibility of any Customer/Entrepreneur to ensure the Company has the correct shipping address before the shipment of any orders. 

 

B.        For any notice of address change sent to the Company, a Customer/ Entrepreneur will need to allow up to thirty (30) days for processing.

 

3.2       Training and Leadership

 

A.             Any Entrepreneur who sponsors another Entrepreneur into Farmasi must perform an authentic assistance and training function to ensure those made up of their downline organizations operate their business in accordance with these Policies and Procedures. Sponsoring Entrepreneurs should have ongoing contact and communication with those in their downline organizations. Examples of communication may include, but are not limited to, newsletters, written correspondence, telephone, contact, team calls, voice-mail, e-mail, personal meetings, accompaniment of downline Entrepreneur(s) to Company meetings, training sessions, webinars and any other related functions.

 

Farmasi may take appropriate action against an Entrepreneur if it determines, in its sole discretion that,

 

·        An Entrepreneur neglects to train and assist their downline organization.

 

Appropriate action may include, but not limited to, sponsorship change of the neglected downline members along with their respective downlines up to termination of their entrepreneur agreement and account.

 

B.        A Sponsoring Entrepreneur should monitor the Entrepreneur(s) in his or her downline organizations to ensure that downline Entrepreneur(s) do not make improper product or business claims or engage in any illegal or inappropriate conduct. Upon request, an Entrepreneur should be able to provide documented evidence to the Company of his or her ongoing fulfillment of Sponsor responsibilities.

 

C.        Upline Entrepreneurs are encouraged to motivate and train new Entrepreneur(s) about Company products and services, effective sales techniques, the Company Compensation Plan and compliance with these Policies and Procedures.

 

D.        The marketing and sale of products is a required activity in Farmasi and must be emphasized in all recruiting presentations. Moreover, We prioritize all Entrepreneurs to sell Farmasi products and services to Customers first and prospective and current Entrepreneurs second. 

 

E.         Use of Sales Aids. Creation of Farmasi sales tools is limited to 6%  and above.  These Entrepreneurs must submit all written sales aids, promotional materials, advertisements, websites and other literature to the Company for approval prior to use. Unless the Entrepreneur receives specific written approval to use the material, the request shall be deemed denied. All Entrepreneurs shall safeguard and promote the good reputation of Farmasi and its products.  Once approved, Company reserves the right to incorporate the approved training material in its own promotional efforts.   

 

3.3       Constructive Criticism; Ethics

 

A.        It is Our goal to provide you with a combination of exceptional products and a rewarding Compensation Plan. Accordingly, We value constructive criticism and encourage the submission of written comments addressed to the Company’s Compliance Department so long as such comments come by way of a respectful and in a productive manner. 

 

B.        Negative and disparaging comments by Entrepreneurs made to others about the Company, its products or Compensation Plan, or disruptive behavior at Company meetings or events, serve no purpose other than to dampen the enthusiasm of all those who participate in the Farmasi business. Entrepreneurs must not belittle the Company, other Entrepreneurs, the Company products or services, the Compensation Plan, or Company directors, officers, or employees, product suppliers or agents. Such conduct represents a material breach of these Policies and Procedures and may be subject to sanctions as the Company sees fit. 

 

C.        Farmasi endorses the following Code of Ethics: