POLICIES AND PROCEDURES
Last updated February 10, 2022
General
These Policies and Procedures, in their present form and as amended from time to time at MyElevana’s sole discretion, are incorporated into
MyElevana Affiliate User Agreement. They are the terms and conditions of the Affiliate's contract with MyElevana. It is the responsibility
of each Affiliate to read, understand, adhere to, and ensure that he/she is aware of and operating under the most current version of these Policies
and Procedures. You must also comply with the description of the Compensation Plan and honor all applicable laws in the country in which you operate
your MyElevana business.
The words "company" and "MyElevana", when used in these documents, refer to MyElevana, Inc. An Affiliate is an independent contractor,
not an employee of MyElevana.
The purpose of the Affiliate Agreement is to define the relationship between MyElevana and the Affiliate; to set standards of acceptable
business behavior; to assist Affiliates in building and protecting their business.
Changes - The Company may from time to time amend the terms and conditions of the Agreement, Policies and Procedures, Compensation Plan and Price
List. Amendments shall be effective upon notification of the changes in official MyElevana publications distributed to all Affiliates via the
website.
Delays - MyElevana shall not be responsible for delays and failures in performing its obligations due to circumstances beyond its reasonable
control, such as strikes, labor difficulties, riots, war, fire, death, curtailment or interruption of a source of supply, government decrees or
orders, etc.
Policies and Provisions Severable - If any provision of the Agreement as it currently exists or as may be amended is found to be invalid,
illegal, or unenforceable for any reason, only the invalid provision will be severed from the Agreement; the remaining terms and provisions shall
remain in full force and effect and shall be construed as if such invalid, illegal, or unenforceable provision never comprised a part of the
Agreement.
Titles Not Substantive - The titles and headings to these Policies and Procedures are for reference purposes only and do not constitute, and
shall not be construed as, substantive terms of the Agreement.
Waiver - MyElevana never forfeits its right to require Affiliate compliance with the Agreement or with applicable laws and regulations
governing business conduct. Only in rare circumstances will a policy be waived, and such waivers will be conveyed in writing by the Compliance
Officer or an officer of the company. The waiver will apply only to that specific case.
Becoming an Affiliate - The requirements to become an Independent MyElevana Affiliate: Be at least the age of majority in your country of
residence; reside in a geographic area where MyElevana has been approved for business; fully read and accept MyElevana Policies and
Procedures, Full Compensation Plan, Income Disclaimers, User Agreement, Terms of Use, Privacy Policy and Refund Policy; as an independent contractor,
assume all appropriate responsibilities for accounting for income tax, insurances and the like in respect of the Affiliate. MyElevana reserves
the right to accept or reject any application for any reason.
Identification and Affiliate Number - When MyElevana receives and accepts a new Affiliate account registration, MyElevana will assign
a unique Affiliate Number to that Affiliate. Affiliates must use their Affiliate Number whenever they call an Affiliate Representative to track
commissions and bonuses.
Affiliate Benefits - Once MyElevana accepts an Affiliate's Application and Agreement; the benefits of the Compensation Plan and the
Affiliate Agreement are available to the new Affiliate. These benefits include the right to: purchase MyElevana products and services at the
Affiliate prices; participate in MyElevana Compensation Plan (receive bonuses and commissions, if eligible); sponsor other individuals as
Customers or Affiliates into MyElevana business and thereby build a Downline Organization and progress through MyElevana Compensation
Plan; receive MyElevana literature and other MyElevana communications; participate in MyElevana-sponsored support, service, training,
motivational, and recognition functions upon payment of appropriate charges, if applicable; participate in promotional and incentive contests and
programs sponsored by MyElevana for its Affiliates.
Operating as an Affiliate
Actions of Household Members or Affiliated Individuals - If any member of an Affiliate's immediate household engages in any activity which,
if performed by the Affiliate would violate any provision of the Agreement, such activity will be deemed a violation by the Affiliate.
Adherence to MyElevana Compensation Plan - Affiliates must adhere to the terms of MyElevana Compensation Plan as set forth in official
MyElevana literature. Affiliates shall not offer MyElevana opportunity through, or in combination with, any other opportunity or
unapproved method of marketing. Affiliates shall not require or encourage other current or prospective Customers or Affiliates to participate in
MyElevana in any manner that varies from the program as set forth in official MyElevana literature. Affiliates shall not require or
encourage other current or prospective Customers or Affiliates to execute any agreement or contract other than official MyElevana agreements
and contracts in order to become an Independent MyElevana Affiliate. Similarly, Affiliates shall not require or encourage other current or
prospective Customers or Affiliates to make any purchase from, or payment to, any individual or other entity to participate in MyElevana
Compensation Plan, other than those purchases or payments identified as recommended or required in official MyElevana literature.
Advertising
In general - Affiliates must avoid all discourteous, deceptive, misleading, illegal, unethical, or immoral conduct or practices in their
marketing and promotion of MyElevana, MyElevana opportunity, the Compensation Plan, and MyElevana’s products or services. No
Affiliates may produce unauthorized sales, marketing, and support materials to market or promote MyElevana, MyElevana opportunity,
the Compensation Plan, MyElevana’s products or services, or their MyElevana businesses.
All Affiliates may only use sales aids and support materials produced or currently approved by MyElevana. Sales, marketing and support
materials include, but are not limited to, training and recruiting information, brochures, flyers, pamphlets, posters, postcards, letters,
classified advertisements, etc. promoting MyElevana’s products, services and programs, as well as e-mail messages, voice mail message
recordings, SMS, MMS and Internet Web sites used to publicize MyElevana, its products, services, or Compensation Plan.
Media Inquiries - Affiliates must refer all media inquiries regarding MyElevana to MyElevana Compliance Department. This will ensure
that accurate and consistent information reaches the general public.
Trademarks and Copyrights - An Affiliate may use MyElevana trademark or trade name or corporate logo to promote their independent business.
A reproducible copy of the logo can be obtained from MyElevana. However, this logo may only be used on personal stationery and specifically
approved literature but not on clothing, signage, or motor vehicles. Affiliates may describe themselves as an "MyElevana Affiliate" in the
business pages of the telephone directory. Affiliates should not answer the telephone in any manner that might indicate or suggest that the caller
has reached a MyElevana corporate office. Affiliates may not record or reproduce materials from any MyElevana corporate function, event,
speech, etc. Affiliates may not record, reproduce, or copy any presentation or speech by any MyElevana spokesperson, representative, speaker,
officer, director, or other Affiliates. Affiliates may not reproduce or copy any recording of a MyElevana- produced media presentation
including audio tapes, videotapes, CDs, etc. Affiliates may not publish, or cause to be published, in any written or electronic media, the name,
photograph or likeness, copyrighted materials, or property of individuals Affiliate with MyElevana without express written authorization from
the individual and/or MyElevana. Affiliates may not publish, or cause to be published, in any written form or electronic media, the copyrighted
materials or property of MyElevana, without express written authorization from MyElevana.
Use of Affiliate Name, Likeness, and Image - Affiliate consents to MyElevana’s use of his/her name, testimonial (or other statements about
MyElevana, its products or opportunity in printed or recorded form, including translations, paraphrases, and electronic reproductions of the
same), and image or likeness (as produced or recorded in photographic, digital, electronic, video or film media) in connection with advertising,
promoting, and publicizing MyElevana opportunity or products, or any MyElevana-related or -sponsored events.
Affiliate claims and Representations
Income Claims - Affiliates may not make income projections or claims or disclose their MyElevana income (including the showing of checks,
copies of checks, or bank statements) when presenting or discussing MyElevana opportunity or Compensation Plan, except as set forth in official
MyElevana literature.
Unauthorized Recruiting - As an independent contractor, MyElevana Affiliates may participate in other direct selling or network marketing
or multi-level marketing ventures (collectively, "multi-level marketing"), and Affiliates may engage in selling activities related to non-BBC
Global LLC products and services, if they desire to do so. Although an Affiliate may elect to participate in another multi-level marketing
opportunity, he/she is prohibited from unauthorized recruiting activities, which include the following: recruiting or enrolling MyElevana
customers or Affiliates for other multi-level marketing business ventures, either directly or through a third party. This includes, but is not
limited to, presenting or assisting in the presentation of other multi-level marketing business ventures to any MyElevana Customer or
Affiliate, or implicitly or explicitly encouraging any MyElevana Customer or Affiliate to join other business ventures. It is a violation
of this policy to recruit or enroll a MyElevana Customer or Affiliate for another multi-level marketing business, even if the Affiliate
does not know that the prospect is also a MyElevana Customer or Affiliate; producing any literature, tapes, or promotional material of any
nature for another multi-level marketing business which is used by the Affiliate or any third person to recruit MyElevana Customers or
Affiliates for that business venture; selling, offering to sell, or promoting any competing products or services to MyElevana Customers or
Affiliates. Any product or services in the same generic category as a MyElevana product or service is deemed to be competing; offering BBC
Global LLC products or promoting MyElevana Compensation Plan in conjunction with any non-MyElevana business plan, opportunity,
product, or incentive; offering any non-MyElevana products or opportunities in conjunction with the offering of MyElevana products or
business plan or at any MyElevana meeting, seminar, launch, convention, or other MyElevana function; or where a prospective Affiliate
or Customer accompanies an Affiliate to a MyElevana meeting or function, no other MyElevana Affiliate may recruit the prospect to
enroll in MyElevana or any other multi-level marketing business for a period of fourteen (14) days or unless and until the Affiliate who
brought the prospect to the function advises the other MyElevana Affiliate that the prospect has elected not to enroll in MyElevana
and that the Affiliate is no longer recruiting the prospect to enroll in MyElevana, whichever occurs first. MyElevana will immediately
cancel the Affiliate of any Affiliate who violates this provision. Violations of this policy are especially detrimental to the growth and sales
of other Affiliates' MyElevana businesses and to MyElevana’s business; where an Affiliate participates in other multi-level marketing
ventures they may not participate in MyElevana’s Leadership Bonus Program. Nor may they be invited to participate in MyElevana
leadership meetings, conferences, qualification seminars, and the like.
Post cancellation Solicitation Prohibited - A former Affiliate shall not directly or through a third party solicit any Affiliate or Customer to
enroll in any direct sales, network marketing, or multi-level marketing program or opportunity for a period of one (1) year after the cancellation
of an individual or entity's Affiliate User Agreement. This provision shall survive the expiration of the Affiliate's obligations to MyElevana,
pursuant to the Affiliate User Agreement.
Down line Genealogy Reports - MyElevana Down line Genealogy Reports are confidential and contain proprietary business trade secrets. An
Affiliate may not use the reports for any purpose other than for developing their MyElevana business. During any term of the Affiliate User
Agreement and for a period of five (5) years after the termination or expiration of the Affiliate User Agreement between Affiliate and MyElevana
LLC, for any reason whatsoever, an Affiliate shall not, on his/her own behalf or on behalf of any other person, partnership, association,
corporation, or other entity: disclose any information contained in the reports to any third party; use the reports to compete with MyElevana;
or Recruit or solicit any Affiliate or Customer listed on the reports to participate in other multi-level marketing ventures. This provision shall
survive the termination or expiration of this Agreement.
Corporation, Partnerships, and Trusts - A corporation, partnership, or trust (collectively referred to in this section as an "Entity") may apply
to be a MyElevana Affiliate by submitting its Certificate of Incorporation, Partnership Agreement, or trust documents (these documents are
collectively referred to as the "Entity Documents") to MyElevana along with a properly completed Corporation, Partnership DBA Registration
Form. An Affiliate may change its status under the same sponsor from an individual to a partnership, corporation, or trust, or from one type of
entity to another. To do so, the Affiliate(s) must provide the entity documents and a properly completed Affiliate Application and Agreement and
the appropriate registration form. The Corporation, Partnership DBA Registration Form must be signed by all of the directors, shareholders,
partners, trustees, or other individuals having ownership interest in the business. Members of the entity are jointly and severally liable for any
indebtedness or other obligations to MyElevana. As set forth herein, no individual may participate directly or indirectly in more than one
Affiliate. It is the responsibility of those persons involved in the Entity to conform to the laws of the state in which their Entity is formed.
MyElevana reserves the right to approve or disapprove any Affiliate Application and Agreement submitted by an Entity. For the purpose of
recognition and rewards, MyElevana will only recognize a maximum of two persons in the Entity. The Entity must nominate each year, at its
Affiliate renewal time, the two nominees who may be the recipients of any recognition, rewards, trips, and the like which the entity becomes
entitled to participate in.
Deceptive Practices - Affiliates must fairly and truthfully explain MyElevana products, opportunity, Compensation Plan, and Policies and
Procedures to prospective Affiliates. This includes: Being honest and thorough in presenting material from MyElevana Compensation Plan to all
potential Affiliates; making clear that income from MyElevana Compensation Plan is based on product sales and not merely on sponsoring other
Affiliates; making estimates of profit that are based on reasonable predictions for what an average Affiliate would achieve in normal circumstances;
representing that past earnings in a given set of circumstances do not necessarily reflect future earnings; not misrepresenting the amount of
expenditure that an average Affiliate might incur in carrying on the business; not misrepresenting the amount of time an average Affiliate would
have to devote to the business to achieve the profit estimated, and not stating that profits or earnings are guaranteed for any individual
Affiliate; never stating or inferring that you will build a Down line Organization for anyone else; never stating that profits or earnings are
guaranteed for an individual Affiliate; and never stating that any consumer, business, or government agency has approved or endorsed MyElevana
LLC products or its Compensation Plan; never participating in down line purchasing (placing a sales order in a Retail Account other than where the
sale was generated).
Independent Contractor Status - Affiliates are independent contractors and are not purchasers of a franchise or business opportunity. The
agreement between MyElevana and its Affiliates does not create an employer/employee relationship, agency, partnership, or joint venture
between the Company and the Affiliate. All Affiliates are responsible for paying their own income and employment taxes. Affiliates will not be
treated as employees for any purpose including, but not limited to, workers compensation, superannuation, or insurance. Each Affiliate is encouraged
to establish his/her own goals, hours, and methods of sale, so long as he/she complies with applicable laws and the terms and conditions of the
Affiliate User Agreement.
International - Affiliates may sell and promote MyElevana’s products, opportunity, and services or recruit or enroll any potential Affiliate
or customer only in countries in which MyElevana is approved for business, as announced in official MyElevana communications. If an
Affiliate desires to conduct business in an authorized country other than the one in which they are an Affiliate, he/ she must comply with all the
applicable laws and regulations for that country.
Adherence to Laws and Ordinances - You must obey all laws that apply to your business.
Affiliate limited to 1 - An Affiliate may operate, receive compensation from, or have an ownership interest, legal or equitable, as a sole
proprietorship, partner, shareholder, trustee, or beneficiary, in only one MyElevana Affiliateship. However, notwithstanding this rule, your
spouse may become an Affiliate and operate a second Affiliate as long your spouse's Affiliate is placed below one of your Affiliates and not in a
cross line sales organization. The second Affiliate must be a bona fide Affiliate that is operated by the person listed on the agreement and not by
the owner of the first Affiliate.
Sale, Transfer, or Assignment of Affiliate - An Affiliate may not sell, transfer, or assign their Affiliate rights to any person or entity
without MyElevana’s express written approval. To obtain approval, you must: be an Affiliate in good standing as determined by MyElevana
in its sole discretion; before any transfer will be approved by MyElevana, any debt obligations the selling Affiliate has with MyElevana
must be satisfied; the transferring Affiliate must be in good standing and not in violation of any of the terms of the Affiliate User Agreement or
these Policies and Procedures, to transfer his/her Affiliate; the combining of Affiliates is not permitted. MyElevana will not approve the
transfer of an Affiliate to any individual or Entity that is a current Affiliate or who has an ownership interest in any Affiliate. Similarly, BBC
Global LLC will not approve the transfer of an Affiliate to any individual or Entity that has previously had any ownership interest in or operated,
an MyElevana Affiliateship; no individual Business Centers may be transferred separately from the Affiliate. If an Affiliate wishes to transfer
his/her Affiliate, all Business Centers must be included in the transfer; the transferring Affiliate must notify MyElevana Compliance
Department of his/her intent to transfer the Affiliate by completing and submitting a signed Transfer of Affiliate and Affiliate Application Form.
No changes in line of sponsorship can result from the transfer of an Affiliate; the transferee must be eligible to become an Independent MyElevana
LLC Affiliate and be acceptable to MyElevana in every respect.
Separation of an Affiliate - If Affiliates wish to dissolve their jointly held Affiliate, they must do so in such a way as to not disturb the
income or interests of their Up line and Down line Organizations. Affiliates should consider the following when deciding whether or not to
dissolve a jointly held Affiliate: if a jointly owned Affiliate is dissolved, anyone of the joint owners may operate the Affiliate, but the
other joint owners must relinquish their rights to, and interests in, the Affiliate; MyElevana cannot divide a Down line Organization,
nor can it split commission or bonus checks between the joint owners; if a jointly owned Affiliate is dissolved, the individual(s) who
relinquished ownership in the original Affiliate may apply as new Affiliates under any Sponsor but may not purchase or join an existing
Affiliate.
Succession - If an Affiliate dies or becomes incapacitated, his/her rights to commissions, bonuses, and Down line Organization, together with
all Affiliate responsibilities, will pass to his/her successor(s). Upon death or incapacitation, the successor(s) must present MyElevana
Compliance Department with proof of death or incapacitation, along with proof of succession, such as a Grant of Probate or an Enduring Power of
Attorney, and a properly completed Affiliate Application and Agreement. You may inherit and retain another Affiliate even though you currently
own or operate an Affiliate. A non-Affiliate who acquires a Affiliate through succession must purchase a current Business Starter Kit.
Taxes - MyElevana Affiliates must comply with all relevant taxation legislation. Affiliates should seek professional advice from their own
accountant or tax advisor as to how to keep proper business records and account for tax aspects of their independent business. Affiliates' BBC
Global LLC income may be subject to income tax and so must be properly accounted for in annual income tax returns. Affiliates conducting their BBC
Global LLC business in a business-like manner may also be entitled to deduct certain expenses incurred in earning their MyElevana income. Such
expenses should be properly recorded and evidenced with receipts.
Telephone and Email Solicitation - The use of any automated telephone solicitation equipment in connection with the marketing or promotion of BBC
Global LLC, its products, or MyElevana opportunity is strictly prohibited. The use telemarketing operations to sell products or services over
the telephone, or to recruit Affiliates, is strictly prohibited. Affiliates are also forbidden from sending unsolicited e-mail messages or "spamming"
to sell products or to recruit Affiliates. Affiliates should also make themselves familiar with relevant privacy legislation.
Territories - There are no exclusive territories for marketing MyElevana products or services, nor shall any Affiliate imply or state that
he/she has an exclusive territory to market MyElevana products or services.
Trade Shows and Expositions - Affiliates may display and/or sell MyElevana products at trade shows and expositions, but may not display or
sell MyElevana products at swap meets, garage sales, flea markets, or farmers' markets as these events are not conducive to the image BBC
Global LLC wishes to portray. MyElevana cannot supply inventory on consignment to Affiliates operating stands at such events. All literature
displayed at the event must be official MyElevana literature and must clearly identify the individual(s) as Affiliates.
Transfer of Sponsorship
Conflicting Enrolments - Every prospective Affiliate has the ultimate right to choose his/her own Sponsor. As a general rule, the first Affiliate
who does meaningful work with a prospective Affiliate is considered to have first claim to sponsorship. Basic tenets of common sense and
consideration should govern any dispute that may arise. In the event that a prospective Affiliate or any Affiliate on behalf of a prospective
Affiliate, submits more than one Affiliate Application and Agreement to MyElevana, listing a different Sponsor on each, the Company will only
consider valid the first Affiliate Application and Agreement that it receives, accepts, and processes. If there is any question concerning the
sponsorship of an Affiliate, the final decision will be made by MyElevana.
Cross-line Raiding - MyElevana will not permit any change in the line of sponsorship except in the following circumstances: where an
Affiliate has been fraudulently or unethically induced into joining MyElevana; where an incorrect placement was made due to an Affiliate error,
a change in the line of sponsorship can be made to correct the error where a request for a change is made within 10 days of enrolment. If you make
such a request, you must also submit the written consent of your Sponsor and that person's Sponsor along with the required placement change fee. If
at the time of the request you have any down line organization in place, no change will be permitted in the line of sponsorship. In the event that
such a change is approved, commissions and bonuses earned will be adjusted accordingly. In no case will a change of placement be approved where a
signed application has not been received by MyElevana; if you terminate your Affiliate in writing you may rejoin under the Sponsor of your
choice after a period of six (6) months; following termination of your Affiliate, you may participate as a Customer during the six (6) month period.
In the event you terminate your Affiliate, you forfeit all rights, bonuses, and commissions under your previous line of sponsoring. You may not
avoid compliance with this policy through the use of DBAs, assumed names, corporations, partnerships, trusts, spouse names, fictitious ID numbers,
etc. If you have been "inactive" (i.e., no purchases or sales of MyElevana products or participation in any other form as an Affiliate) for a
period of twelve (12) successive months, you may terminate your; Affiliate in writing and rejoin immediately under the Sponsor of your choice;
cross-line raiding is strictly prohibited. "Cross-line raiding" is defined as the enrolment or attempted enrolment of an individual or Entity that
already has a current Affiliate User Agreement on AFFILIATE with MyElevana, or who has had such agreement within the preceding six (6) calendar
months within a different line of sponsorship. The use of trade names, DBAs, assumed names, corporations, partnerships, trusts, spouse names,
fictitious ID numbers or any other vehicle to circumvent this policy is prohibited. Affiliates may not demean, discredit, or invalidate other BBC
Global LLC Affiliates in an attempt to entice another Affiliate to become part of the first Affiliate's Down line Organization.
Responsibilities of Affiliates and Sponsors
Ongoing Supervision, Training, and Sales - Any Affiliate who sponsors another Affiliate into MyElevana must train the new Affiliate in
product knowledge, effective sales techniques, the Compensation Plan, and the Policies and Procedures. Affiliates must also supervise and monitor
Affiliates in their Down line Organization to ensure they conduct business professionally and ethically, promote sales properly, and provide quality
customer service. As an Affiliate progresses through the various levels of leadership, his/her responsibilities to train and motivate down line
Affiliates will increase.
Non-Disparagement - In setting the proper example for their down line, Affiliates must not disparage other MyElevana Affiliates, MyElevana
LLC’s Products, the Compensation Plan, or the Company's employees. Such disparagement constitutes a material breach of these Policies and
Procedures.
Holding Applications or Orders - All Affiliates must forward to MyElevana any forms and applications they receive from other Affiliates or
applicant Affiliates, or Customers or applicant Customers, on the next business day after which the forms or applications are signed.
Reporting Policy Violations - Affiliates should report any observed violations of a policy violation to MyElevana Compliance Department.
Regarding MyElevana Replicated Personal Website Fee of .03 Bitcoin
Bonuses and Commissions
Bonus and Commission Cycles - MyElevana pays commissions on daily and weekly cycles to the Affiliate's Ledgers located in the Affiliates
Back Office. An Affiliate must review his/her commissions and report any errors or discrepancies to MyElevana within ten (10) days from the
date of the commission payment. Errors or discrepancies which are not brought to MyElevana’s attention within the 10 day period will be deemed
waived by the Affiliate.
Adjustment of Bonuses and Commissions - Affiliates earn commissions and bonuses based on product sales to End Consumers. Accordingly, MyElevana
LLC will adjust commissions and bonuses earned from any sale when the Affiliate or any other end users returns the sold product for a refund. BBC
Global LLC will deduct the sales volume attributable to the returned product from the Up-line Affiliate's group volume within the first two (2)
weeks after the refund is given.
Loss of Rights to Commissions – All Affiliates are eligible to receive Sales Commissions. You must be an active Affiliate and in compliance with
the terms of the Affiliate User Agreement to qualify for Quick Pay Bonuses, Dual Team Bonuses and Minimum Daily Bonuses.
Unclaimed Commissions - Affiliates who provide MyElevana with incomplete or invalid bank account information will have their commission and
bonus retained as a credit. Any unclaimed credit will be held in trust for 12 months, during which time MyElevana may periodically notify the
Affiliates in writing of their credit balance.
Dispute Resolution and Disciplinary Proceedings between Affiliates
Grievances and Complaints - When an Affiliate has a grievance or complaint with another Affiliate regarding any practice or conduct in
If this does not resolve the problem, the complaining Affiliate should report the problem to his/her up line to resolve the issue at a local level.
If the matter cannot be resolved, it must be reported in writing to MyElevana Compliance Department. The Compliance Department will review the
complaint and make a final decision. The complaint should identify specific instances of alleged improper conduct and, to the extent possible,
identify the relevant dates on which the event(s) complained of took place, the location(s) where they occurred, and all persons who have firsthand
knowledge of the improper conduct.
Compliance Department Review - Upon receipt of a written complaint, MyElevana Compliance Department will investigate the matter, review the
applicable policies, and render a decision on how the dispute shall be resolved. The Compliance Department may also issue disciplinary sanctions
consistent with the provisions of this Agreement
Disputes between MyElevana and Affiliates
Mediation and arbitration - All unresolved disputes and claims relating to MyElevana, its Compensation Plan, its Products, the rights and
obligations of its Affiliates and MyElevana, or any other claim or cause of action relating to product purchase(s) or performance, either of an
Affiliate or of MyElevana under the Affiliate User Agreement, shall first be put before a mediator acceptable to both parties for resolution.
Each party shall bear its own costs in the mediation. Should mediation fail to resolve the dispute then it shall be put before arbitration in Palm
Beach County, Florida, USA. Each party to the arbitration shall be responsible for their own costs, including legal and filing fees. This agreement
to mediate and, failing mediation, arbitrate will survive any cancellation or expiration of the Affiliate User Agreement. Nothing in these Policies
and Procedures shall prevent MyElevana from applying to and obtaining from any court having jurisdiction a writ of attachment, temporary
injunction, preliminary injunction, permanent injunction, or other available relief to safeguard and protect MyElevana’s interest prior to,
during, or following the filing of any arbitration or other proceeding, or pending the rendering of a decision or award in connection with any
arbitration or other proceeding. The existence of any Affiliate claim or cause of action against MyElevana does not preclude MyElevana
from enforcing the Affiliate's covenants and agreements contained in the Affiliate User Agreement.
Jurisdiction, Venue, and Choice of Law - The jurisdiction and venue of any matter pursuant to this agreement shall reside in Broward County, Florida, USA.
Disciplinary Actions - Violation of any of the terms and conditions of the Affiliate User Agreement, or any illegal, fraudulent, deceptive, or
unethical business conduct by an Affiliate, may result, at MyElevana’s discretion, in one or more of the following sanctions: a written
warning, clarifying the meaning and application of a specific policy or procedure, and advising that a continued breach ill result in further
sanctions; probation, which may include requiring an Affiliate to take remedial action and will include follow-up monitoring by MyElevana to
ensure compliance with the Agreement; withdrawal or denial of an award or recognition, or restricting participation in MyElevana-sponsored
events for a specified period of time or until the Affiliate satisfies certain specified conditions; suspension of certain privileges of Affiliate,
including but not limited to placing a product order, participating in MyElevana programs, progressing in the Compensation Plan, or
participating as a Sponsor (including participating as an International Sponsor), for a specified period of time or until the Affiliate satisfies
certain specified conditions; withholding commissions or bonuses for a specified period of time or until the Affiliate satisfies certain specified
conditions; imposing fair and reasonable fines or other penalties in proportion to actual damages incurred by MyElevana and as permitted by law;
and/or terminating an Affiliate.
Affiliate Services
Changes to the Affiliate - Each Affiliate must immediately notify MyElevana of all changes to the information contained on the Affiliate
Application and Agreement. Affiliates may modify their existing Affiliate User Agreement by submitting a written request, a properly executed
Affiliate Application and Agreement, and appropriate supporting documentation.
Addition of Co-applicants - When adding a co-applicant to an existing Affiliate, MyElevana requires both a written request and a properly
completed Affiliate Application and Agreement containing the applicant's and co- applicant's signatures. The modifications permitted within the
scope of this paragraph do not include a change of sponsorship.
Commission Statements/tax Invoices - Commission Statements/Tax Invoices are provided for all active Affiliates receiving a commission Check in
your Affiliate Back Office.
Errors or Questions - In the event an Affiliate has questions about or believes that any errors have been made regarding commissions, bonuses,
Down line Genealogy Reports, orders, or charges, the Affiliate must notify MyElevana within thirty (30) days of the date of the purported error
or incident in question. MyElevana will not be responsible for any error, omission, or problem not reported within thirty (30) days.
Resolving Problems - If you have any questions regarding shipments, orders, commissions and bonuses, or the Compensation Plan, please write or
call MyElevana Support Services.
Inactivity and Cancellation Policies - Affiliates who do not meet the Personal Sales Volume requirements specified in MyElevana Compensation
Plan may not receive a commission and may lose accumulated Sales Volume for the sales generated through their Down line Organization.
Involuntary Cancellation - An Affiliate's violation of any of the terms of the Affiliate User Agreement, including any amendments which may be
made by MyElevana in its sole discretion from time to time, constitutes a material breach of the Affiliate User Agreement and may result, at
MyElevana’s option, in any of the Disciplinary Actions listed herein, including cancellation of his/her Affiliate. Involuntary Cancellation of
an Affiliate will result in the Affiliate's loss of all rights to his/her Down line Organization and any bonuses and commissions generated thereby.
An Affiliate whose Agreement is involuntarily cancelled shall receive commissions and bonuses only for the last full calendar week prior to
termination. When an Affiliate is involuntarily cancelled, the Affiliate will be notified by certified mail at the address on file with the Company.
Cancellation is effective on the date on which written notice is mailed via certified mail, return receipt requested, to the Affiliate's last known
address or when the Affiliate receives actual notice of cancellation, whichever occurs first. In the event of such Involuntary Cancellation, the
Affiliate must immediately cease to represent himself/herself as a MyElevana Affiliate. The Affiliate may appeal the termination to MyElevana
LLC Compliance Department. The Affiliate's appeal must be in writing and must be received by the company within fifteen (15) calendar days of the
date of MyElevana’s cancellation letter. If MyElevana does not receive the appeal within the fifteen-day period, the cancellation will be
final. The Affiliate must submit all supporting documentation with his/ her appeal correspondence. The written appeal will be reviewed by the
Compliance Department. If the Affiliate files a timely appeal of termination, the Compliance Department will review and reconsider the termination,
consider any other appropriate action, and notify the Affiliate in writing of its decision. This decision of the Compliance Department will be final.
An Affiliate whose Affiliate User Agreement is involuntarily cancelled may reapply to become an Affiliate twelve (12) calendar months from the date
of cancellation. Any such Affiliate wishing to reapply must submit a letter to MyElevana Compliance Department setting forth the reasons why
he/she believes MyElevana should allow him or her to operate an Affiliate. It is within MyElevana’s sole discretion whether to permit such
an individual to again operate a MyElevana business.
Written Cancellation - An Affiliate may cancel his/her Agreement with MyElevana at any time and for any reason by providing written notice
to MyElevana indicating his/her intent to discontinue his/her Affiliate status. The written notice must include the Affiliate's signature,
printed name, address, and appropriate identification number.
Effect of Cancellation - Following an Affiliate's voluntary or involuntary cancellation, such former Affiliate shall have no right, title, claim,
or interest to the Downline Organization which he/she operated or any bonus and/or commission from the sales generated by the organization.
Following an Affiliate's voluntary or involuntary cancellation, the former Affiliate shall not hold himself or herself out as a MyElevana
Affiliate shall not have the right to sell MyElevana products or services, must remove any MyElevana sign from public view, and must
discontinue using any other materials bearing any MyElevana logo, trademark, or service mark. An Affiliate who is voluntarily cancelled will
receive commissions and bonuses only for the last full calendar week prior to his/her cancellation. An Affiliate whose Agreement is involuntarily
cancelled will receive commissions and bonuses only for the last full calendar week prior to cancellation, unless monies were withheld by the
Company during an investigation period. If an investigation of the Affiliate's conduct results in his/her involuntary cancellation, he/she shall
not be entitled to recover withheld commissions and bonuses.
Definitions
Active Affiliate - An Affiliate who satisfies the minimum Personal Sales Volume requirements as set forth in MyElevana Compensation Plan.
Affiliate - An individual who has executed an Affiliate application and agreement which has been accepted by MyElevana. Affiliates are
required to meet certain qualifications and are responsible for the training, motivation, support, and development of the Affiliates in their
respective Down line Organizations. Affiliates are entitled to purchase MyElevana products at Affiliate prices, enroll Customers and new
Affiliates, and take part in all Company Affiliate programs.
Agreement - The term Affiliate User Agreement, as used in the Policies and Procedures, refers to the Affiliate Application and Agreement, BBC
Global LLC’s Policies and Procedures, and the Compensation Plan.
Cancellation - Termination of an individual's Affiliate. Cancellation may be either voluntary or involuntary
Involuntary Cancellation - Termination of an Affiliate which is initiated by MyElevana.
Voluntary Cancellation - The termination of an Affiliate instituted by the Affiliate who elects to discontinue his/her affiliation with MyElevana for any
reason.
Down line Organization - An Affiliate's down line Organization consists of all Affiliates below him/her.
Genealogy Report - A report generated by MyElevana that provides critical data relating to the identities of Affiliates and sales
information of each Affiliate's Down line Organization. This report contains proprietary trade secret information.
Immediate Household - An Affiliate, his or her spouse or defacto, and dependents.
Level - The layers of down line Affiliates in a particular Affiliate's down line Organization. This term refers to the relationship of an
Affiliate relative to a particular up line Affiliate, determined by the number of Affiliates between them who are related by sponsorship.
Official MyElevana Material - Literature, audio or video tapes, and other materials developed, printed, published, or distributed by MyElevana.
Sponsor - An Affiliate who enrolls a new Affiliate or Preferred Customer and is listed as the Sponsor on the Affiliate Application and Agreement.
As the term implies, the Sponsor has a responsibility to assist those he/she brings into the business.
Up line - The term refers to the Affiliate or Affiliates above a particular Affiliate in a sponsorship line to the company. Conversely stated, it
is the line of Sponsors that links any particular Affiliate to the Company.
USER AGREEMENT
Last Updated February 10, 2022
Affiliate User Agreement between the named Applicant and MyElevana effective under the terms and conditions below:
Applicant hereby applies for authorization as an Affiliate in MyElevana’s network marketing program. For a period of 21 days from the submission of this application, or until such time as MyElevana notifies Applicant of this application's acceptance or rejection, Applicant is provisionally authorized as an Affiliate and granted the rights to sell MyElevana products and services. MyElevana reserves the right to accept or reject any application for any reason.
Upon acceptance as an Affiliate by MyElevana, Applicant is authorized as an Affiliate for one calendar year. The Company reserves the right to terminate this Agreement at any time if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products and or services via direct selling channels, or at any time upon not less than 7 days' notice and without further notice if the Affiliate breaches this Agreement and fails to remedy the breach before the end of the notice period.
Applicant has read and agrees to be bound by the terms of this agreement, MyElevana full Compensation Plan, Policies & Procedures, Income Disclaimers, Terms of Use, Privacy Policy and Refund Policy all of which are incorporated herein by reference and made a part hereof for all purposes. MyElevana reserves the right to change the Compensation Plan, Policies & Procedures, Income Disclaimers, Terms of Use, Privacy Policy and Refund Policy at any time in its sole discretion, and Applicant agrees to be bound by such changes.
Applicant is an independent contractor under the terms of this agreement, and not an agent, employee, or legal representative of his/ her sponsor or MyElevana, and will in no way represent him/herself as such. As such, Applicant has no power to bind MyElevana to any obligation and Applicant is responsible for all applicable income, sales, social security, unemployment or other tax, license, or fee arising out of Applicant’s activities hereunder.
Applicant will not produce, promote, or use materials of any kind describing MyElevana’s names, programs, products, and trademarked, copyrighted, or otherwise protected materials except as permitted in MyElevana’s policies.
Applicant has the duty to supervise and train any Affiliates that he/she may sponsor as described in the Policies and Procedures. Applicant will explain MyElevana’s programs honestly and completely when presenting them to others. Applicant understands and will make clear in any presentation the following: that no earnings are guaranteed by MyElevana or its programs; no Affiliate will earn money solely for sponsoring; no specific amount of product must be purchased at any level; commissions are based on product sales; that there are no exclusive territories for Affiliates in the program.
Applicant agrees that compensation is only paid for sales of product and services as defined in the Policies and Procedures and in the company's Compensation Plan.
Any sale or assignment of this agreement must be approved by MyElevana. Successors in interest or assigns must comply with all program requirements.
The undersigned hereby acknowledges that he/she is of legal age and authorized to bind Applicant to each of the terms set forth herein and to the terms of the Policies & Procedures.
Venue and jurisdiction for any action pertaining to this agreement or any Affiliate agreement or claim between the parties hereto shall be in Broward County, Florida, except where the laws of your state expressly require the application of its laws. This agreement shall be governed by the laws of United States.
No purchase is necessary to become an Independent Affiliate.
You have the right to cancel your Agreement at any time and for any reason.
You are free to participate in other multilevel marketing ventures, but you may not sell or promote to Affiliates or Customers of the company similar or competitive products or services or any other multilevel marketing opportunity.
MyElevana genealogy reports are confidential and proprietary business trade secrets. You may not use the reports for any purpose other than to develop your MyElevana business. Specifically, you must not disclose any information contained in the reports to a third party or use the reports to compete with MyElevana or to recruit or solicit Affiliates or Customers of the company to participate in other multilevel marketing ventures.
MyElevana’s failure to exercise any rights as set forth in this agreement or to insist on your strict compliance with the terms and conditions of this agreement and the Policies & Procedures does not constitute a waiver of MyElevana’s right to require compliance therewith.
MyElevana’s waiver of any Affiliate default does not affect MyElevana’s rights with respect to any subsequent default or the rights or obligations of any other Affiliate. Delays or omissions by MyElevana in exercising rights which might arise from an Affiliate's default do not affect the company's rights concerning the default or any subsequent default.
MyElevana reserves the right to cancel any Affiliate at any time for cause if the Affiliate violates the terms and conditions of this Agreement or the provisions of the Policies & Procedures or Compensation Plan.
Taxpayer Identification Number. If you are a United States person (including a resident alien), you must provide MyElevana with your correct taxpayer identification number ("TIN"), which for individuals is either your Social Security Number ("SSN") or, if you are a resident alien and you do not have and are not eligible to get an SSN, your Individual taxpayer Identification Number ("ITIN"). For a distributorship that is a partnership, corporation, company or association organized in the United States or under the laws of the United States, you must provide MyElevana with your employer Identification Number ("EIN"). If you fail to provide MyElevana with a TIN or the TIN you provide to MyElevana is incorrect, MyElevana will withhold and pay to the IRS 28 percent of your income over $600, unless you certify to MyElevana that you are a corporation exempt from backup withholding or otherwise not subject to backup withholding. By signing this Agreement, you certify that (i) the TIN you have provided to MyElevana is correct, (ii) you are a United States person (including a resident alien),(iii) if applicable, you are not subject to backup withholding, and (iv) you are exempt from the requirement to report foreign financial assets under the Foreign Account Tax Compliance Act ("FATCA").
You may be required from time to time to provide MyElevana with personal information relating to your this Agreement. MyElevana’s rights to use your personal information and your rights to access and correct the personal information you give MyElevana. are described in MyElevana’s Policies & Procedures. By signing this Agreement, you consent to MyElevana’s collection, use, and disclosure of your personal information in accordance with MyElevana’s Policies & Procedures.
By registering on our website, you give MyElevana consent to contact you by telephone, facsimile transmission, e-mail or text, concerning your Affiliate Agreement, and any related MyElevana matter.
Affiliate agrees not to contact or initiate contact at any time or for any purpose, either directly or indirectly, with any officers, directors, shareholders, consultants, attorneys, employees, agents or other affiliates of MyElevana’s Vendors or Suppliers, unless such approval is specifically granted in written form by MyElevana, which shall be considered on a case-by-case basis. Any communication sent by any Affiliate to MyElevana’s Vendors or Suppliers, either directly or indirectly to any officers, directors, shareholders, consultants, attorneys, employees, agents or other affiliates of MyElevana’s Vendors or Suppliers is in direct violation of this Agreement and could result in the termination of your Agreement. This includes any and all verbal and or written communications. From time to time MyElevana may invite guest from MyElevana’s Vendors or Suppliers to speak on MyElevana webinars and conference calls, such guest appearance do not constitute MyElevana’s approval for furthered communications with MyElevana’s Vendors or Suppliers. You further agree and understand that the only entity which has an Agreement with MyElevana’s Vendors or Suppliers is MyElevana.
To the maximum extent permitted by law, MyElevana, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as "affiliates"), shall not be liable for, and I release MyElevana and its affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. You further agree to release MyElevana and its Affiliates from all liability arising from or relating to: (a) my, or any other Affiliate 's, breach of the Agreement; (b) the promotion or operation of a MyElevana business by me or any other Affiliate and any activities related to it, including, but not limited to, the presentation of Products/Services or the Company Compensation Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc., and agree to indemnify MyElevana and its Affiliates for any liability, damages, fines, penalties, or other; (c) any incorrect data or information provided by me or any other Affiliates to MyElevana; (d) my, or any other Affiliate's, failure to provide any information or data necessary for MyElevana to operate its business; or (e) awards arising from any unauthorized conduct that I undertake in operating my business. I further agree to indemnify MyElevana for any liability, damages, fines, penalties or other awards arising from any unauthorized conduct that I undertake in operating my MyElevana business.
MyElevanaWebsite Compensation Plan
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