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Policies & Procedures > Sponsoring, Training and Disciplinary Action

1. Sponsoring
a) Distributors may sponsor other persons to become Independent Distributors for the Company within Malaysia. However, sponsors will be compensated only for the generation of bonus volume, not for sponsoring new distributors into the program.

b) International sponsoring will be approved by the Company in its discretion, where and when all necessary approvals have been obtained and other entrance requirements satisfied. International sponsoring in advance of Company approval shall be grounds for immediate termination.


2. Distributor Responsibility

Each Distributor shall use his/her active and best efforts at all times to promote and sell the Company's products and to promote the Company's business opportunity. Any Distributor who chooses to sponsor other Distributors must thereafter use his/her best and continuing efforts to provide bona fide guidance, encouragement and support to sponsored Distributors and their downlines. Distributors are responsible for supervising and supporting Distributors they sponsor and those who are in their commissionable downline. Sponsoring Distributors shall maintain monthly communication and support to Distributors in their downline, including personal contact, telephone communication, written communication and attendance at Distributor meetings. Distributor who sponsor new Distributors are required to ensure that they are properly trained with respect to the Company's product line, Policies and Procedures, Equity Plus Compensation Plan and sound business practices. Specifically, a sponsor' s training responsibilities include :

a) Spending as much time with a new Distributor as is required to introduce him/her to the Company's product line, Equity Plus Compensation Plan and Agreement with its Distributors, including the Policies and Procedures.

b) Training the new Distributor to correctly complete a sale, including how to fill out Distributor Application Forms.

c) Initiating periodic contact for the purpose of training and motivating new Distributors. New Distributors outside the sponsor's geographical area should be supported by sufficient mail, fax and telephone contact.


3. Transferring Sponsorship
The decision whether to allow a transfer of sponsorship will be made in the Company's sole discretion and will be permitted only in extraordinary circumstances. The Company does not permit, except under very special circumstances, the transfer of a Distributor from one sponsor to another. A request for transfer of sponsorship pertains only to the Distributorship making the request and does not include his/her downline organisation. In order to change sponsors, the Distributor must :

a) Have a valid reason for the change.

b) Submit a letter to the Company requesting the change and explaining the reason for the change. This letter must have the signatures of all his/her Upline Distributors up to the sixth generation of Distributors.

c) Pay a processing fee upon request of change, as specified by the Company.


4. Voluntary Termination

A Distributor may voluntarily terminate his/her Distributorship at any time by sending a written and notarized notice to the Company (no faxes accepted). Voluntary termination is effective upon receipt of such notice by the Company at its corporate office. Notification of the termination may be forwarded to affected parties.

A Distributor who voluntarily terminates his/her Distributorship and wishes to become a Distributor again may return under the same sponsor at any time and there is no waiting period. However, he/she must re-submit the Distributor Application and Agreement form, begin as an Associate and then build his/her new sponsored downline.

A Distributor may resign and after six (6) months of inactivity and be sponsored as a new Distributor by any sponsor. He/she must resubmit the Distributor Application and Agreement form , begin as an Associate and then build his/her new sponsored downline.


5. Involuntary Termination

The Company reserves the right to terminate the Distributorship of any Distributor who, in the judgement of the Company has violated the terms of the Distributor's Agreement with the Company (including but not limited to the Distributor Application and Agreement and the Policies and Procedures as amended from time to time) or for any other acts or omissions which the Company deems to be inimical to the best interests of other Distributors and of the Company. Involuntary termination shall be effective when mailed by registered mail (return receipt requested) or sent by air freight service to the Distributor's current address as shown on the Company's corporate records or when the Distributor receives actual notice, whichever comes first.


6. Effect of Termination
Voluntary or involuntary termination results in the termination of the status, rights and benefits of the Distributor under the Agreement between the Distributor and the Company, including any income with respect to his/her sponsored downline. Upon termination, Distributors agree to immediately cease selling the Company's products, sponsoring Distributors, using the Company's promotional materials, trademarks, trade names, service marks, logos and colour schemes and representing him/herself as a Distributor or acting in any way which may be adverse to the business of the Company or its Distributors. The existing downline of the Distributor moves up. However, the Company reserves the right, following a Distributor termination, to hold the Distributorship position open in order to provide funds for litigation, or for any other reason deemed appropriate by the Company.


7. Suspension
The Company reserves the right to suspend any Distributor who violates the terms of the Distributor's Agreement with the Company (including but not limited to the Distributor Application and Agreement and the Policies and Procedures as amended from time to time) or for any other acts or omissions which the Company deems to be inimical to the best interests of other Distributors or to the Company. Suspension shall be effective when mailed by registered mail (return receipt requested) or sent by air freight service to the Distributor's current address as shown on the Company's corporate records, or when the Distributor receives actual notice, whichever comes first.


8. Effect of Suspension
Suspension of a Distributorship may constitute, throughout the term of the suspension, a suspension of some or all of the benefits normally accorded a Distributorship in good standing. The Company reserves the right in its sole discretion to determine the period of suspension. The right of a suspended Distributor to receive compensation from the Company ceases immediately from the date of suspension through the end of the suspension period. A suspended Distributor must cease selling the Company's products, sponsoring Distributors, using the Company's promotional materials, trademarks, trade names, services marks, logos, colour schemes, representing him/herself as a Distributor and acting in any way which may be adverse to the business of the Company or its Distributors.


9. Other Disciplinary Action

The Company reserves the right to fashion and apply other disciplinary actions such as suspension of some or all of the commissions where the Company deems it appropriate in its discretion.

10. Appeal
A suspended or terminated Distributor may appeal the suspension or termination by submitting a letter of appeal which states the grounds of the appeal. This letter must be received by the Company within fifteen (15) days of the date of the mailing of the Company's suspension or termination notice.

In the case of a suspension, if the Company has not received a letter of appeal by that deadline, the Company reserves the right to terminate the Distributor immediately. If the appeal of a suspension is denied, the company reserves the right in its sole discretion to determine the period of suspension or whether to terminate the Distributor. 

In case of a termination, if the Company has not received a letter of appeal by that deadline, the termination shall automatically become final. If the appeal of the termination is denied, the termination shall remain in effect as of the date of the Company's original termination notice.


11. Limits of Transferability
No Distributor may sell, assign or otherwise transfer his or her Distributor entity (or rights) except as follows :

a) The sale of the Distributorship must be first be offered in writing with terms and conditions including prices to the Company. The Company shall have a right of first refusal. The Company shall have ten (10) business days to accept or reject the offer. If the Company agrees to the specific terms of the sale, it shall be entitled to purchase the Distributorship. If the Company purchases the Distributorship, it reserves the right to hold open and retain ownership or sell or transfer ownership of the Distributorship, in its sole discretion.

b) If the Company declines, the Distributorship must next be offered in writing to the Distributor's first immediate upline with the same terms and conditions, including price, as offered to the Company. The Distributor's first immediate upline shall have the right of second refusal. The first immediate upline shall have ten (10) business days to accept or reject the offer. If the first immediate upline agrees to the specific terms, the Company has the right to match the offer within ten (10) business days and shall be entitled to purchase the Distributorship. If the Company chooses not to purchase the Distributorship, the first immediate upline shall be entitled to purchase the Distributor entity. If the first immediate upline chooses to purchase the Distributorship, the seller's position will be consolidated with the purchaser's position, and all existing downline will move up one level to the immediate upline of the selling Distributor.

If the first immediate upline declines, the Distributor must submit to the Company a notarized notification of denial from his/her first immediate upline. The Distributorship may then be offered to any person outside the Viva Life Science organisation. It must be offered to such person(s) on the same terms and conditions, including price as offered to the Company and the first immediate upline. If the person(s) outside the Viva Life Science organisation agrees to the specific terms, the Company has the right to match the offer within ten (10) business days and shall be entitled to purchase the Distributorship. If the Company chooses not to purchase the Distributorship, the person(s) outside the Viva Life Science organisation shall be entitled to purchase the Distributorship. However, this sale to person(s) outside the Viva Life Science  organisation is subject to the Company's right of approval or disapproval, in its sole discretion. The Company must first receive the proposed Purchase and Sale Agreement, including terms of payment and a Distributor Application from the purchaser of the Distributorship, as well as such further information and documentation to evaluate the purchaser, terms of sale and such other matters that the Company shall deem relevant or necessary for the exercise of its rights of approval or disapproval.

c) A Distributorship or any rights, direct or indirect, relating to a Distributorship may not be sold or otherwise transferred by the Distributor without prior written approval of the Company, in its sole discretion. No sale will be approved unless it includes a covenant by the seller not to solicit his/her downline Distributors for at least six (6) months after the effective date of the sale. A Distributorship or any right thereto which is under suspension, or subject to any disciplinary action or any investigation by or on behalf of the Company, may not be sold or otherwise transferred while such condition continues.

d) The purchaser of a Distributorship shall be responsible for all acts or omissions of the seller in contravention of the Agreements for a period of six (6) months after the date of the sale or transfer.


12. Changes in Distributorship Status

a) Death - Upon the death of a Distributor, the rights and responsibilities of the Distributorship are passed on to the rightful heir(s). The heir(s) shall be bound by the terms and conditions of the original Distributor Agreement and by the Company's Policies and Procedures, including all qualification requirements of the compensation plans.

b) Divorce - Upon divorce, the Company must be notified which former spouse will assume ownership of the Distributorship as determined by a court of competent jurisdiction. A change in ownership of the Distributorship will not take place until the Company receives a copy of the divorce documentation. Should the party who does not assume ownership of the Distributorship desire to remain a Distributor, he/she may do so by submitting a new Distributor Application at the time the divorce documentation is submitted to the Company. He/she shall then be entered as a new Distributor under the sponsor.

c) Marriage - If two existing Distributors marry and one is directly sponsored by the other, they must either consolidate the two Distributorships into one Distributorship, or they must sell one Distributorship. If there is not a direct sponsorship between the two Distributors who marry, they must sell one Distributorship, according to the policies set forth in section 20, "Limits of Transferability".

d) Dissolution of Corporate or Partnership Distributorship
- Upon the dissolution of a corporation or termination of a partnership which owns the Distributorship, the ownership of the Distributorship will be transferred pursuant to the agreement among the shareholders or partners or upon the court of competent jurisdiction upon written notification to the Company. If one or more of the partners or shareholders in a Distributorship terminates his/her ongoing relationship with the Company by leaving the partnership or disposing of his/her shareholdings, such parties including the departing parts, shall continue to be bound by the terms of section 9, "Contractual Interference", and section 22, "Confidentiality Agreement". If a dispute arises over the disposition of the partnership interest, assets, shareholdings, corporate assets or the income from the Distributorship, the Company may suspend the Distributorship and hold all commissions and bonuses until the dispute over the disposition is resolved by the agreement between the parties or by an order of a court of competent jurisdiction.

13. Confidentiality Agreement
Information contained in any downline report, bonus recap, Genealogy or any other confidential report or document provided to a Distributor by the Company is a "trade secret" of the Company and is transmitted to the Distributor in confidence. The Distributor agrees that for the term of the Distributor Agreement and in perpetuity thereof he/she will not disclose any such information to any third parts, directly or indirectly or use the information to compete with the Company or for any purpose other than supporting his/her own downline's Viva Life Science business. By completing the Distributor Agreement, the Distributor and the Company agree that without this agreement of confidentiality and nondisclosure, the Company would not would not provide the information to the Distributor. Distributors requesting a Genealogy or mailing labels will be required to sign a Genealogy Non-Disclosure Agreement. Otherwise the Company will not provide this information to the Distributor. The Company reserves the right in its sole discretion, to approve or disapprove any Distributor's request for a Genealogy.

14. Adding or Deleting a Co-Applicant
A Distributor must request and submit a letter to the Company's Operations Department requesting the addition or deletion of a co-applicant. This letter must be signed and notarized.

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