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AMEGA GLOBAL LTD BUSINESS ASSOCIATE PROGRAM BAP TERMS AND CONDITIONS GOVERNING BUSINESS PARTICIPATION for the United Kingdom

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Page 1: UK Terms and Conditions

AMEGA GLOBAL LTD

BUSINESS ASSOCIATE PROGRAM – BAP

TERMS AND CONDITIONS

GOVERNING BUSINESS PARTICIPATION for the United Kingdom

Page 2: UK Terms and Conditions

AMEGA Global Ltd:- Business Associate Program – Terms and Conditions

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Contents

A. TERMS AND CONDITIONS - GOVERNING BUSINESS PARTICIPATION

1. BECOMING AN AMEGA INDEPENDENT BUSINESS ASSOCIATE – BA

2. YOUR RESPONSIBILITIES

3. BUSINESS ACCOUNTS & ITS PLACEMENT

4. “COOLING OFF” PERIOD / CANCELLATION

5. REFUNDS

6. EXCHANGE

7. PRODUCTS WARRANTY

8. COMMISSION AND INCOMES

9. COMMISSION - PROCESSING

10. COMMISSION RELEASE

11. PRODUCT DELIVERY

12. PRODUCT PRICING & IDS

13. BUSINESS ACCOUNT (BA) REGISTRATION AND RENEWAL FEES

14. ADVERTISING & PROMOTION

15. RESIGNATION

16. GENERAL BUSINESS ETHICS POLICY

17. AUTHORISED COMMUNICATION CHANNEL

18. SPAMMING

19. TERMINATION / SUSPENSION / REINSTATEMENT

20. BA & CUSTOMER – CONFIDENTIALITY OF PERSONAL DETAILS

21. EXCLUSIVE RIGHTS

22. WAIVER

23. DISCLAIMERS AND LIMITATION OF LIABILITY

24. INDEMNITY

25. DISSOLUTION

26. GOVERNING LAW

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A. TERMS AND CONDITIONS GOVERNING BUSINESS PARTICIPATION

These Terms and Conditions form the complete agreement (“Agreement”), which will govern the business relationship between you, the Business Associate (henceforth referred to as “BA”) and AMEGA Global Ltd (henceforth referred to as “AMEGA”). By accessing and using this website you confirm your agreement to be bound by the Terms and Conditions underlying this Agreement.

Your business transactions with AMEGA under the AMEGA Business Associate Program (BAP) / Preferred Customer Program (PCP), and the business transactions of all of your Independent Business Associates (BAs)/ Preferred Customer(s) you have referred (henceforth referred to as “BA Referrals”) are governed by this Agreement.

AMEGA reserves the right; at anytime; to amend, revise, institute, alter or modify changes including but not restricted to; prices; literature; policies; compensation plans and practices; and the whole or part of this Agreement, in the interest of collaborative business growth. Any such revisions will become part of this agreement and becomes effective immediately upon posting of the revised agreement on the AMEGA website. Although AMEGA may take every possible effort to notify you, the BA and your BA referrals, by posting the announcements in your Cyber-Office, you and your BA referrals are solely responsible to keep abreast of such changes and are bound by these changes.

It is your responsibility to review this agreement periodically so as to be aware of any revisions to this agreement.

Your continued access or use of the AMEGA website and its services shall constitute your unconditional acceptance of AMEGA‟s Terms and Conditions herein.

1. BECOMING AN AMEGA INDEPENDENT BUSINESS ASSOCIATE - BA

1.1 Any person of 18 years of age or above and those who have attained the legal age of maturity for

entering into contract in his/her country can be an AMEGA Business Associate (referred to as BA). AMEGA reserves the right to accept and/or reject any Associate referred, without providing any explanation or reason(s) of any sort. AMEGA also reserves the right not to entertain any appeal in cases of rejection.

1.2 No upfront payment or membership fee is needed to be a Business Associate (BA) of AMEGA. You can register to be a BA with AMEGA on your own freewill by:

1.2.1 Purchasing an AMEGA Business Starter Kit to read and understand AMEGA‟s business practices and the Business Associate conditions before exercising your option to either „Not to Register‟ or „Choose to Register‟ with AMEGA‟s Business Associate Program.

1.2.2 Choosing to register with AMEGA after agreeing with AMEGA‟s Terms and Conditions by purchasing AMEGA‟s products and „Activating the Product ID‟s‟.

1.3 Upon confirmation as an AMEGA Independent BA (referred to as BA henceforth), a person shall not act as an agent, partner, joint venture participant or employee of AMEGA in any transaction, nor have any expressed, implied or extensible authority to bind or make any expressed or implied representation or warranty on behalf of AMEGA or its group of companies. He / She would only be authorised to buy products from AMEGA or its Stockist and refer new BA(s) or Preferred Customers to AMEGA in accordance with all the Terms and Conditions stated herein.

1.4 Upon confirmation as an AMEGA Independent BA shall fully relinquish their consumer rights and be bound by AMEGA‟s Terms and Conditions of this Business Associate Program.

1.5 All Independent BAs of AMEGA who qualify to benefit from commissions and/or bonuses in accordance with the prevailing commission plan at the time of qualification are responsible for paying all taxes and tariffs applicable in their respective countries. AMEGA Global will deduct taxes upfront on commissions released / contra-ed in countries where it is mandated by law.

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2. YOUR RESPONSIBILITIES

All AMEGA Independent BAs must promote AMEGA products and AMEGA‟s BAP ethically, professionally, honestly and completely to prospects and new Associates/Customers, as follows:

2.1 You may not sell or promote to Independent BAs products that are similar to or in competition with, AMEGA‟s products and services; nor enrol AMEGA BAs in any other Network Marketing Programs.

2.2 No representation or sales offer or claim that is inaccurate or untruthful may be made relating to AMEGA products. Accurate information is contained in AMEGA authorised literature, and is subject to constant review and revision. It is your responsibility to obtain and use current AMEGA product literature and material.

2.3 Income guarantees or representations of any kind are forbidden, including exhibition of actual or copies of commission Cheques (Checks). You may not make false or misleading claims, or unreasonable or intentional misrepresentations with regard to the income potential of our BAP or Products. Such claims, if directed to prospective or new Associates, can be sources of discouragement if their performance fails to meet the represented expectation within a period. The real income potential for an Associate is adequately reflected in the AMEGA website. It shall be used as the basis of income to eliminate the need or temptation to make misleading or unrealistic claims.

2.4 AMEGA‟s Products are not intended as a Cure or Medication for any illnesses of any kind. Claims to the contrary are explicitly forbidden. Associates are not allowed to prescribe our products as Medications or Cure for ailments of any kind. Our Associates are also prohibited from demonstrating or discussing „curative powers‟ of our products on any platforms.

2.5 AMEGA‟s products are sold on personal belief on the „perceived‟ benefits advocated by independent researches. BAs utilize their prerogative to purchase and „explore‟ these research claims, knowing

fully the arguments for and against Alternate Medicine and its Perceived Benefits. AMEGA will not entertain claims of „Fitness for Purpose‟ with regards to the product efficacy.

2.6 The web-user-access information given to BA‟s are strictly for business use with AMEGA and should not be divulged to any other person or parties either intentionally or otherwise. AMEGA shall not be responsible, nor held liable, for unauthorised web access by other parties.

2.7 Information about AMEGA, which are not available to the public but shared among AMEGA‟s BA and / or AMEGA‟s business partners are restricted to the privileged participant‟s use and his referral BAs only. BAs are forbidden to discuss such privileged information with any other persons not associated with AMEGA.

2.8 BAs must take every effort to read and acquire adequate knowledge about the products on sale through the product literature. And where available, he/ she should seek to upgrade his/ her knowledge on the relevant scientific affirmation from which the benefits of such products are based upon.

2.9 It is the responsibility of the BA and/ or his Preferred Customer(s)‟ responsibility to accede to the product storage recommendations stipulated in the packaging of AMEGA products in order to maintain the proper and continued usage of the product within any expiration limits.

2.10 A sponsor BA who collects overriding commissions or collects a Bonus on the product sales of his down-line must fulfil the obligation of performing a bona fide supervisory, distributing and selling function in the sale or delivery of product to the ultimate consumer and in the training of those sponsored. Independent Sales Representative must have ongoing contact, communication and arrangement with his or her sales organization. Examples may include, but not limited to: email, newsletters, correspondence, meetings, telephone contact, accompanying individuals to company training sessions and sharing genealogy information with those sponsored.

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2.11 Sponsors should be able to provide evidence to the Company when required, of ongoing fulfilment of such sponsor responsibilities stated in 2.10 above.

2.12 It is the duty of every new BA to ask for her/his password from the Sponsor/ Office and to change that password immediately to avoid unauthorised use, which may lead to possible hacking and fraudulent activities.

2.13 BAs shall not represent or imply, directly or indirectly; in spoken terms and/ or written form; that AMEGA and/ or its products and services, has been approved or endorsed by any governmental agency or by any other approving / endorsing institutions unless it is claimed by AMEGA to be true.

2.14 You are strongly advised to read the Frequently Asked Questions (FAQ) for New BAs from the AMEGA website for a greater awareness of this agreement. AMEGA will take every possible effort to keep the FAQ section updated.

2.15 Sponsors must sign up their prospects under their own self replicated company website in order to avail themselves of commission rights through their prospects earnings.

2.16 No change of sponsorship will be entertained once a prospect is confirmed.

3. BUSINESS ACCOUNTS & ITS PLACEMENT

3.1 All AMEGA Independent BAs are assigned with a Business Account (BA) with one, two or three Business Centres (BC 001,002,003) depending on the value of purchase as per the BAP. The BA is further classified as Silver BA, Titanium BA, or Platinum BA depending on their cumulative value of purchases within the stipulated period in accordance with the BAP.

3.2 Each Business Account is identified by a unique Business Account name, 14 characters long and a combination of alphabet and numbers, and a system generated BA ID. This BA name is final and cannot be changed for any reason. Therefore, it is your responsibility to select your BA name carefully, avoiding any issues relating to race, religion and the law. If a legal issue arises from your BA account name, AMEGA shall not be held responsible. You have full responsibility to resolve such issues at your own expense.

3.3 AMEGA BA is allowed to have only one registered Business Account per country. A Business Account name registered in one country cannot be registered in another country unless Associates „Transfer‟ their Account to the new country by deregistering from the previous country, and registering with the new country office.

3.4 Upon registering with the new Country Office, the BA is now bound by AMEGA‟s Terms and Conditions in accordance with the Law of the Land, complete with its legal requirements, Tax structures, BAP, Product Pricing, etc.

3.5 BAs must have a minimum of one active business leg in the country of their registration and residence.

3.5 Your BA shall remain in the Network and in the same placement in the genealogy, provided the BA is periodically renewed and there is no breach of the stipulated AMEGA Terms & Conditions.

3.6 When you Sponsor an Associate, you reserve the right as SPONSOR/ INTRODUCER to decide on the placement of the Business Account. You can only place the new BA under your genealogy, directly under your „Active‟ Business Centre, or if placement is occupied it will automatically fall in the next available position under the line, which is known as „spill over‟. The Placement is determined by the System based on your preferences set by you in your „Cyber Office‟.

3.7 Confirmation and placement of new Sign Ups are subject to the AMEGA „Spill over System‟ for the branches of the following Business Centres: 001,002,003,004,005,006,007 (Only when active).

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3.8 In cases where a prospect signs up as Associate directly from the SPONSOR‟S self-replicated website, the system will automatically place the new BA as per default placement set by the SPONSOR in his/ her CyberOffice, and if no default placement is set, the system will automatically place the new BA on the SPONSOR‟S weaker leg (E.g. BC001 left or right).

3.9 New BA can only be placed under an „active‟ BC of a Business Account and placement(s) under reserve Centres are not permitted.

3.10 Under the AMEGA system, an Associate is entitled to be a BA with

3.10.1 Only one (1) Business Centre with no reserve Centres if the initial accumulated purchase value is equal to or below GBP129 - and is referred to as a Silver BA.

3.10.2 One (1) Business Centre with two (2) reserve Business Centres (BC: 002 & 003) if the initial accumulated purchase value is between GBP 130 and GBP 329 (both figures inclusive) - as Titanium BA.

3.10.3 Three (3) Business Centres with four (4) reserve Business Centres (BC: 004,005,006,007) if the initial accumulated purchase valued between GBP 330 and GBP 589 (both figures inclusive) - as Titanium plus BA.

3.10.4 Three (3) Platinum Business Centres with four (4) reserve Business Centres (BC: 004,005,006,007) if the initial accumulated purchase is equal to or valued above GBP 590- as Platinum BA.

3.11 The maximum payout per day per business centre under the Team Binary Commission is subjected to the status of the Business Centre. As shown below:

a. Silver Status:- Maximum payout is USD 300*per day,

b. TITANIUM Status:- Maximum payout is USD 400* per day per Business Centre

c. PLATINUM Status:- Maximum payout is USD 1200* per day per Business Centre. * Paid in local currency of GBP Sterling.

3.12 Associates can “upgrade” from any Status up to PLATINUM Status within 21 days of activation by accumulating purchases worth GBP 590 . Only purchases made under the “Upgrade” or activation with product IDs under the “Upgrade Your Account” link in your Cyber Office will be taken into account for upgrading your account.

3.13 Associates who did not upgrade to platinum within the first 21 days can alternatively upgrade their Business Account to PLATINUM Status by accumulating GBP 1200 or more of Personal Sales within one (1) calendar month at any period.

3.14 Associates can independently upgrade each of their allocated Business Centres to Platinum status by purchasing products under the “upgrade BC” option or by using product IDs with a combined or individual sales totalling GBP1200 or above.

3.15 The payout for Reserve BCs that are activated depends on the status of the BC. If the Reserve Centre is activated to Titanium status, the payout is USD 400 per day / per centre. IF it is activated as a Platinum Reserve Centre, the payout is USD 1200 per day/ per centre. Paid in local currency of GBP Sterling.

3.16 When a reserve Business Centre is activated, the Business Centre appears in the genealogy in Green / Blue / Red (depending on whether the activation is at Titanium or Platinum) and it is immediately credited with the accumulated “Carried Forward” sales.

3.17 Each Business Account can have a maximum of seven (7) Business Centres if the Business Account started out as a three (3) header. All Business Accounts which started out with one active and two-

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reserve Centres can only have maximum of three business centres. Please read the information provided in the E- Business Starter Kit, FAQ section on „Enrolment Options‟ in AMEGA‟s web or seek tutorial from your SPONSOR. The number of Centres you begin with will determine the amount of overriding commissions you can possibly earn.

3.18 If your SPONSOR is not registered in the country in which you are intending to be registered, and operate under AMEGA BAP program it is your duty as a new BA to familiarise with the Laws of the Land of operation with regards to the VAT & Tax structures, Shipping & Cargo Restrictions, Domestic Handling Charges, Storage and warehousing and / or any other incidental charges that will be incurred in the „Land of your Operations‟. The VAT and TAX structures etc., mentioned herein MAY differ vastly from your SPONSOR‟s country of operations and MAY alter the eventual cost of AMEGA‟s products in both ways either increasing or decreasing the final cost price. Please read the FAQ section on „Sponsoring BAs / Starting BAP in New Territory‟. Import duties have to be borne by the BAs concerned.

3.19 AMEGA will NOT pay to assist in the deliverance of any goods to the BA or pay any amount to retrieve any goods held in transit, or make any reimbursement to the BA, either due to the non-fulfilment of charges mentioned in 3.18 by the BA or due to any specific customs restrictions imposed by the new Land of Operation registered by the BA. Please read FAQ section on „Delivery of Goods‟ in the AMEGA website.

3.20 A Sponsor whilst introducing a BA to a new Land (Country) of Operation should take every effort to work with his/ her new BA to pre-empt possible problems such as VAT, Tax, Customs Regulations, Domestic Handling Charges Differences, which may impede the timely flow of future delivery of goods supplied by AMEGA and its Country Offices. Please read the FAQ section on „Sponsoring BAs / Starting BAP in New Territory‟.

3.21 An AMEGA Business Associate (BA), may purchase products at the wholesale cost and resell those products at the retail price. This wholesale to retail mark up may be up to 10%. You may also sell product(s) on your BA Replicated Website and your retail commission will be included in your commission cheque that you may track online, in your Cyber Office.

3.22 When customers purchase products at the full-retail price from your BA Replicated Website, the corresponding Business Volume (BV) counts as your 1st Generation Group Business Volume (GBV) where you receive an additional 10% commission. Please read the Terms and Conditions for Stockist / Retail Sales.

4. “COOLING OFF” PERIOD / CANCELLATION

4.1 “COOLING OFF” PERIOD

a. The “Cooling Off” Period FOR CUSTOMERS is ‟10 Calendar Days‟ and NEW BAs is „7 Calendar Days‟. This is to allow him/ her to rescind the BA Agreement with AMEGA and

complies with current UK legislation and DSA regulations for first time orders.

b, However, AMEGA‟s 30 Days Money-Back-Guarantee shall supercede the “Cooling Off” Period for all Customers and New BAs.

c. Depending on the requirements of the respective country‟s legislation, all new country registered BA‟s Account will have a “Cooling off” for a period of „7 Business Days‟ to a maximum of 7 days (depending on the country of Registration), please check with your respective Country Office. The “Cooling off” period for International BAs where BAs are activated using Product IDs shall be 3 days.

d. All “Cooling off” periods shall begin upon receipt of products as indicated in the purchase invoice for products on self-collection / authorised self-collection or according to delivery records dates presented by the couriers.

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4.2 CANCELLATION

4.2.1. AMEGA respects laws governing all consumer rights of the respective country in which the sale/ Enrolment was effected. You may cancel the transaction without penalty or obligation within the „Cooling Off” period and by meeting the requirements specified in clause 5 below.

4.2.2 FOR CUSTOMERS/ BAs JOINING THROUGH AMEGA‟S COUNTRY OFFICE/ STOCKISTS/ INDEPENDENT BAs

“YOU MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE SEVENTH BUSINESS DAY‟‟ OF THE COUNTRY OF OPERATIONS AFTER THE DATE OF THE PURCHASE AND/OR RECEIPT OF THE GOODS AND/ OR E- STARTER KIT.” See remaining clauses of 4.2 below for explanation of this right.

4.2.3 FOR CUSTOMERS/ BAs JOINING THROUGH AMEGA‟S CYBER OFFICE OVER THE WORLD-WIDE-WEB

“YOU MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY‟‟ OF THE COUNTRY OF OPERATIONS OF AMEGA PRINCIPAL OFFICE** AFTER THE DATE OF THE PURCHASE OR RECEIPT OF THE GOODS AND/ OR E- STARTER KIT.” See remaining clauses of 4.2 below for explanation of this right.

(** The country of Operations for purchases made under clause 4.2.3 shall follow AMEGA‟s Principal Office of Operation in the „Republic of Singapore‟. All business activities with AMEGA effecting through the World-Wide-Web shall adhere to Legal Requirements and Consumer Rights Laws of The Republic of Singapore.)

4.2.4 For purchases made through AMEGA‟s Country Office/ Stockists/ Independent BAs:

a. The Customer may cancel the Sale and/ or BA Enrolment by:

i. Personal delivery of a signed and dated cancellation notice, or

ii. Filling out the AMEGA cancellation form available at AMEGA Country Offices, or

iii. Provide any other registered and written form of notice to the AMEGA officer/ Stockist/ Independent BAs together with a telephone call to inform the recipient of the incoming cancellation request.

iv. Cancellation notifications can also be signed and faxed direct to the UK office, the current number of which can be found on the website.

v. For reasons of ambiguity, notices using AMEGA Messenger Option will NOT be entertained.

4.2.5 For purchases made through International mode with shipment.

a. The Customer may cancel the Sale and/ or BA Enrolment by:

i. Filling out the AMEGA cancellation form available on AMEGA‟s web and faxing it to the UK office or

ii. Cancellation notifications can also be signed and faxed direct to the UK office, the current number of which can be found on the website.

iii. Notices through short-message-system (SMS) and notices using AMEGA Messenger Option will NOT be accepted.

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4.2.6 The Customer/ BA is informed that, any refund to be processed will only begin upon AMEGA receiving the returned merchandise in its un-opened/ unused condition. See clause 5 (Refunds) below for more information.

4.2.7 All AMEGA products are sold on a self-collection basis. Merchandise will only be shipped upon „Special Request‟ by Customers/ BAs and any courier/ postal/ delivery charges paid for by Customers/ BAs. All return charges relating to Shipping/ Delivery/ Domestic Handling Charges/ Taxes and other costs, shall be at the expense of the Customer/ BA requesting the cancellation where AMEGA has meted out all its fulfilment obligations. Returned Merchandise must be in an un-opened and unused condition to be considered for higher resalable value.

5. REFUNDS

5.1 Refunds for Customers / Enrolment BAs ( First Account Activation )

5.1.1 AMEGA provides a 30 Days Worldwide-Money-Back-Guarantee to all new Customers and Enrolment BAs (New BAs). The following conditions should be met:

a Meet the 30 Days-Money-Back-Guarantee Period.

b Notify AMEGA in writing through AMEGA registered Email or Fax.

c Return the purchased product(s) upon AMEGA‟s instruction; at own cost and in good order, condition and complete with the original packaging to the Office of Purchase or to the respective Stockist.

d The acceptance of returned product(s) rests solely on the discretion of AMEGA appointed officers from the respective country offices where the purchase was made or AMEGA‟s principal offices for international BAs. Returned products with decreased resalable value may be accepted at a discounted rate. Products returned with no resalable value may be totally rejected. AMEGA shall not accede to any appeal from BA(s) in cases of rejection or devaluation by AMEGA appointed officers.

e For the acceptance of returned consumable goods, the original external plastic seal by AMEGA is proof of the product‟s freshness and authenticity and should not show any signs of being tampered with. AMEGA appointed officers reserve all rights to reject products that show sign(s) of tampering.

5.1.2 When the conditions in 5.1.1 are met, AMEGA, its Independent Stockists or Independent Associates will provide/ mail A FULL MONEY-BACK-REFUND in either a „Cheque‟, or by way of „Online Payments‟ or by way of „Virtual Payment‟ mode; selected by the refund requestor; within 14 days; from the receipt of returned goods; for purchase price only.

5.1.3 A partial refund cheque may be mailed for products with decreased resalable value.

5.1.4 Where AMEGA is not at fault, no refund shall be paid out for products returned and Without any Resalable Value.

5.1.5 Request(s) for immediate refund(s) will NOT be entertained by any AMEGA offices.

5.1.6 Customer(s)/ Enrolment BAs who have purchased their products from independent Stockists or Associates should contact their respective Stockists or Sponsors for any refund(s). AMEGA corporate offices will not entertain refunds and cancellation in such cases.

5.2 Refunds for Registered AMEGA BAs / Stockists

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5.2.1 Business Associates who have registered with AMEGA can raise a request for refund if their purchase is within „7 Business Days‟, and by meeting the following conditions:

a. Notify AMEGA in writing through AMEGA registered email or Fax within „7 Business Days‟ of receiving the products or before the product is shipped out.

b. The 30 Days Money-Back-Guarantee is NOT APPLICABLE to Existing BAs of AMEGA, who are under AMEGA‟s BAP program contract.

c. Return the purchased product(s) upon AMEGA‟s instruction; at own cost and in good order, condition and complete with the original packaging to the Office of Purchase or to the respective Stockist.

d. The acceptance of returned product(s) rests solely on the discretion of AMEGA appointed officers from the respective country offices where the purchase was made or to AMEGA‟s principal office for international BAs. Returned products with decreased resalable value may be accepted at a discounted rate. Products returned with no resalable value may be totally rejected. AMEGA shall not accede to any appeal from BA(s) in cases of rejection or devaluation by AMEGA appointed officers.

e. For the acceptance of returned consumable goods, the original external plastic seal by AMEGA is proof of the product‟s freshness and authenticity and should show no signs of being tampered with. AMEGA appointed officers reserve all rights to reject products that show sign(s) of tampering.

f. An administration fee of between 10% and 25% may be levied depending on the timeliness of reporting and the cause of return.

5.2.2 When the conditions in 5.1.1 are met, AMEGA will authorise a refund within 14 days; from the receipt of returned goods; for the purchase price; based on the following assessment criteria:

a. The timeliness of BA contact, and/ or

b. If the shipment has been made, and/ or

c. The condition and resalable value of the returned goods and/ or

d. If Amega is at fault resulting in the cancellation of the purchase in question.

e Deduction of any tax paid, and any other charges incurred by AMEGA.

5.2.3 Where AMEGA is not at fault, no refund shall be paid out for products returned and Without any Resalable Value.

5.2.4 Request(s) for immediate refund will NOT be entertained by any AMEGA offices.

5.2.5 Customers who have purchased their products from independent Stockists or Associates should seek their respective Stockists or Sponsors for any refund. AMEGA corporate offices will not entertain refunds and cancellation in such cases.

5.2.6 Stockists and Associates handling return(s) and cancellation(s) are permitted to charge a handling fee of 10% to be calculated as follows.

a. For Customers/ Enrolment BAs:- within 30 Days Money-Back-Guarantee - ( Final Purchase Price x 90% ) less (Tax Paid) less (any other charges incurred by seller).

b. For Existing BAs:- within 7 Business Days:- ( Final Purchase Price x 90% ) less (Tax Paid) less (any other charges incurred by seller).

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5.2.7 A partial refund may be authorised for products with decreased resalable value.

5.2.8 Where AMEGA is not at fault, no refund shall be paid out for products returned and Without any Resalable Value.

5.2.9 Request(s) for immediate refund will NOT be entertained by any AMEGA offices.

5.2.10 Customer(s)/ Enrolment BAs who have purchased their products from independent Stockists or Associates should seek their respective Stockists or Sponsors for any refund. AMEGA corporate offices will not entertain refunds and cancellation in such cases.

5.3 Refund Procedures

5.3.1 AMEGA shall authorise the transfer of the refund within 14 days; from the receipt of returned goods; for purchase price only in the following modes, as requested by the refund requestor

a. by way of „Telegraphic Transfers‟, or

b. by way of „Online Payments‟, or

c. by way of „Virtual Payment‟ (Commission Credit)

d. by way of „UK bank to bank direct payment‟

5.3.2 For refunds to be effected the refund requestor should provide Amega with the following details:

a. For Telegraphic (Wire) Transfer,

i. Bank Account Name, and

ii. Bank Name, and

iii. Bank Address, and

iv. Bank Account Number and

v. Bank account sort code and

vi. SWIFT Code Number.

b. For Credit/ Debit Card payments, Amega shall make the return available to the same Credit/ Debit card account from which the payment was effected.

c. For Virtual Payment, AMEGA shall credit your Commission account.

5.3.3. When there are no bank account details provided, the refund requestor is required to write in to AMEGA indicating the beneficiary and the address for a Cheque payment to be issued.

5.3.4. AMEGA‟s Stockists and Independent BAs facilitating a refund may choose a refund transfer mode that will be more convenient and mutually beneficial between the parties involved.

5.4 Refunds – Other Matters

5.4.1 AMEGA Stockists and Independent BA Resellers are NOT bound by these same Refund

Policies to make the refund available to their Customers‟ BAs.

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5.4.2 Return of used products, or products that shows signs of tampering or products with protective seals/ plastic wrapping that has been tampered with will not be considered for refunds of any amount.

5.4.3 Refund for partial/ selected products of a total purchase can be considered with terms and conditions applied as per normal refund procedures.

5.4.4 BA‟s who have initiated a refund should not make any attempt to „Stop Payment‟ or „Chargeback‟ through their Bank or Financial Institution through which their payment was made. In such cases, the BA‟s account shall be put on „freeze‟ and the BA should reconsider his/ her participation in AMEGA BAP.

5.4.5 For refund cases, AMEGA shall initiate a refund according to AMEGA‟s refund policies herein. However, the Customer/ BA‟s Bank or Financial Institution may take up to 30 days or more in disbursing the refund. AMEGA‟s responsibility lies up to the point of disbursement of refund to the bank / financial institutions only. AMEGA shall not be responsible, nor liable, for any delays beyond its control, arising from the Banks / Financial institutions disbursement of the funds into the Customer/ BA‟s account.

5.4.6 Where there is a chargeback initiated by Customer/ BAs, AMEGA‟s responsibility lies with the disbursement of funds for legitimate request to the Customer/ BAs financial institution only. AMEGA shall not be obliged to entertain queries with regards to any delay beyond AMEGA‟s disbursement of chargeback amounts. BA‟s should follow-up with their respective Bank/ Financial institution as some of these banks/ financial institution may hold up disbursing the chargeback amounts to their clients for up to 30 days or more.

5.4.7 As BAs are aware of the quality of products offered by AMEGA and other costs and contractual obligations that occur when he/she purchases products from AMEGA. BAs understand that he/she maintains a greater responsibility when ordering through a Credit Card Account as an informed Independent Business Account Holder than as a customer. BAs therefore waive the right of cancellation or refund on any order placed on his/her Credit Card account(s) except through AMEGA. Any order returns, refunds or exchanges shall be done through AMEGA and not through any Credit Card Company.

5.4.8 Where products are bought in bundles, and when the bundled price is lower when compared to the prices of products bought individually, any refund request for partial items shall:

a. Ignore bundled prices and revert prices of all „retained‟ component products to its individual sales prices. The balance being the „Part Purchase Price‟ of the products to be refunded. Where AMEGA is at fault, a one-to-one exchange would be offered as an option.

5.5 Refunds of Shipping/ Domestic Handling Charges / Taxes

5.5.1 All AMEGA products are sold on a self-collection basis only. Any shipping involved is upon the sole discretion and direction of the Customer / BA and paid for by the Customer/ BA. As such, AMEGA shall not be made liable for the refunding of costs incurred for shipping.

5.5.2 Should the refund arise due to the non-fulfilment on the part of AMEGA, all shipping and Domestic Handling Charges for the product in question will be refunded, less taxes paid for by the Customer/ BA. As such AMEGA shall not be made liable for refunding of costs incurred for Shipping/ Domestic Handling Charges/ Taxes.

6 EXCHANGE

Exchanges can be classified into 2 categories:

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a. Exchanges Arising from Personal Reasons.

b. Exchanges Arising due to Product Discrepancy(s).

6.1 Exchanges Arising from Personal Reasons by Customer/ Enrolment BAs/ BAs

6.1.1 Exchanges for Amega purchases are allowed as long as the following conditions are met:

a. For products purchased and collected from Country Offices, Exchanges have to be initiated within „7 Business Days‟ in writing using AMEGA Exchange Form and sending in by fax.

b. For products purchased and collected from Stockists / Independent Reseller BAs, Please refer to Stockists / Independent Reseller‟s Agreement.

c. For products that were shipped by AMEGA, Exchanges have to be initiated within „7 Business Days‟ by faxing the AMEGA Exchange Form downloaded from the web.

d. The product(s) to be exchanged have to be in its original unopened packing.

e. The products must be handed over to the Office of Collection or to be shipped/couriered to the UK office, in full resalable condition for shipments received. We cannot be held liable for goods lost in transit – without safe receipt of the goods we cannot offer a refund.

f. All shipment cost(s), taxes, and handling charges for both „returned products‟, as well as shipment of new exchanged products, must be borne by the exchange requestor.

6.2 Exchanges Arising from Due to Product Discrepancy(s).

6.2.1 AMEGA provides a 90-Days Exchange Policy for Customer and Enrolment BAs and BAs for Manufacturing Defects.

6.2.2 The 90-Days Exchange Policy is applicable only for AMEGA products without any shelf-life indication.

6.2.3 Exchanges for Amega purchases are allowed as long as the following conditions are met:

a. For products purchased and collected from Country Offices, Exchanges have to be initiated within „7 Business Days‟ in writing using AMEGA Exchange Form and returned or shipped to the UK office by courier or registered post.

b. For products purchased and collected from Stockists / Independent Reseller BAs, Please refer to Stockists / Independent Reseller‟s Agreement.

c. For products that were shipped by AMEGA, Exchanges have to be initiated within „7 Business Days‟ by faxing the AMEGA Exchange Form downloaded from the web

d. The product(s) to be exchanged have to be in its original packing, please refer to AMEGA website for RMA Procedures.

e. The products must be handed over to the Office of Collection for self collections or to be shipped to the UK, for inspection.

f. Where AMEGA has faulted with its shipment fulfilment, AMEGA will bear the shipment and domestic handling charges incurred in the exchange(s).

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6.3 Exchange Terms and Procedures

6.3.1 Where an Exchange is accepted by AMEGA:

a. No additional payment will be required for one-to-one exchange of similar products; same product code and description.

b. No additional payment will be required for exchanging for a different product of same „purchased value‟. For products bought as „Bundles‟ or with discounts, the purchase value shall be proportionate to the discounts and/ or bundled value.

c. For exchange to a product of higher value – the requestor shall pay the difference between the price of the new product and the „purchased value‟ of the returned product.

d. For exchange to a product of lower value – any difference in price or value between the price of the new product and the „purchased value‟ of the returned product will not be refunded by AMEGA.

e. Exchange the product to an AMEGA Refund Voucher of the same „purchased value‟.

f. Where AMEGA agrees that is has faulted with its shipment fulfilment, AMEGA will bear the shipment and domestic handling charges incurred in the exchange(s).

6.3.2 For the calculation of prices of products given as free gifts for bundled or bulk purchases, AMEGA shall retain the authority to accept or decline any such exchanges. Where AMEGA accepts the exchange for such products, AMEGA shall value the products at 30% of the last known promotional price in AMEGA‟s system.

6.3.3 Where a product does not meet AMEGA exchange conditions satisfactorily, the Customer / BA shall be notified to collect the product at their own cost(s). Where there is a shipping need, the Customer shall arrange and pay for the needful at his/ her own expense within (30 days – 90 days). Exceeding the time limit for collection of such products, AMEGA shall charge the Customer / BA restocking charges to be calculated at prevailing terms and conditions, if such product is still available. AMEGA shall also retain the prerogative to dispose the products at its own discretion.

7. Products Warranty

7.1 Limited Warranty

7.1.1 For AMEGA products that have no shelf life, AMEGA provides a 90-Days Exchange Policy for Manufacturing Defects. Terms and conditions contained in the exchange policy(s) above applies.

7.1.2 AMEGA‟s 30 days Money-Back Guarantee allows Customers/ Enrolment BAs to exchange. Terms and conditions contained in the exchange policy(s) above applies.

7.1.3 AMEGA offers a 7 days Money-Back Guarantee to Existing BAs for product exchanges. Terms and conditions contained in the exchange policy(s) above applies.

8. Commission and Incomes

8.1 In order to qualify for commission(s), BA must qualify by sponsoring a minimum of 1 BA on each side of their Header.

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8.2 Only “Active” and registered BAs will be entitled for commissions. Suspended BAs, BAs who has his/ her account on „freeze‟ and inactive BAs (expired membership) will not be eligible for commission.

8.3 Commissions are calculated as per the BAP in the AMEGA Compensation Plan. AMEGA will not be responsible for any of the misinterpretations or assumptions made by individuals.

8.4 All commissions earned will be reflected in their respective BAs Commission Statement.

8.5 All commissions are calculated in US Dollars and are deposited in GBP Sterling at the prevailing exchange rate determined by the Bank at the current exchange rate for that period and AMEGA country offices only. We cannot, nor will be, held liable for Bank exchange rate fluctuations.

8.6 Commissions earned can be used to contra for Stock, where allowed, however, local taxes and/or earned income taxes may be imposed depending on the Laws of the Land.

8.7 All or part of commission earned in one Business Account cannot be transferred to another Business Account commission statement.

8.8 AMEGA Global reserves all rights to adjusting or amending the Compensation plan without prior notice as and when AMEGA deems such a change is necessary.

9. Commission Processing

9.1 The AMEGA IT systems automatically calculate commissions based on “Confirmed” sales and posts commissions periodically (on respective days) into the respective BA Commission Statement Account.

9.2 Fast Start Bonuses/ Sponsorship Bonuses are calculated after confirmation of sales and are posted the following day.

9.3 Team Binary Commissions are calculated every day for confirmed sales and posted the following day.

9.4 Mega Matching Bonuses are calculated and posted weekly every Tuesday

9.5 Team Generation Bonus are calculated and posted on the 5th of every month.

9.6 Leadership Incentives and other Incentives shall be posted by the 7th

of every month.

9.7 Commissions posted are supported with a comprehensive commission calculation statement. The onus rests upon the BA to verify any discrepancies and report within 7 days of posting through the AMEGA messenger system.

9.8 Commission Bonuses are based solely upon the company Compensation Plan and the types of orders placed e.g. Team Generation Bonus.

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10. Commission Release

10.1 For AMEGA to release the commission(s), the following must be adhered by the BA:

10.1.1 Maintain an „Active‟ Bank account with a Bank in his/ her country of business operation. Commission is released only in the country where the BA is registered.

10.1.2 Provide the latest and Active Bank Account details in the CyberOffice System.

10.1.3 Notify AMEGA where there has been a change in the country of business operation and update the respective bank account details in the CyberOffice system. Amega Global cannot, nor will be, held liable for inaccuracies in banking details supplied to us by the BA, or their designated representative, nor for banking delays in handling funds once they have left our account.

10.2 All commissions that the BA is eligible for are reflected in their commission statement. The Commissions will only be Released or paid out when auto commission releases are performed by the System (based on Country office policies) or manual releases requested via the AMEGA Commission Release system (CR) to all other BAs.

10.3 Commissions can be received by our BAs in the following ways:

10.3.1 Through International Debit Cards (WowPays) – For All International BAs

10.3.2 Through Interbank transfer (wire transfer) – For International BAs & Country Registered BAs

10.3.3 By way of Cheque Deposits – For Country registered BAs.

10.3.4 By way of direct Bank to Bank transfer (same country)

10.4. For International BAs: AMEGA shall process and effect the commission release within 14 days provided the Commission Release request(s) was/ were submitted by the BA before Saturday of the preceding week.

10.5 For country registered BAs: AMEGA will process and effect commission release by every Friday for request submitted by the previous Friday of the previous week, unless the respective Country have the auto release system.

Commissions are held for 2 weeks to allow for customer refunds (if any) and released the following week after this period.

10.6 For International BAs: Minimum commission release amount shall be USD 120.00 and maximum release will be USD 8,000 per release via International Debit Cards (Wow Pay). Amount exceeding USD$8000 shall be released through Telegraphic Transfer.

10.7 For Country registered BAs: Minimum commission release shall depend upon the prevailing Policy of the Respected Country Offices.

10.8 All banks and financial institutions may charge a fee for handling the disbursement of your commissions. Please check your bank statements to view the amounts charged by your banks. We shall not be liable, nor responsible for the payment of any banking or transaction fees charged.

10.9 All country registered BAs will receive their commission only in the local currencies based on the exchange rate stipulated by AMEGA.

10.10 For country registered BAs: AMEGA shall remit commissions via Interbank Transfer directly to bank account, subject to a minimum amount USD 60.00 and maximum amount of USD25,000. Check your bank statements to view the amounts charged by your banks. We shall not be liable, nor responsible for the payment of any banking or transaction fees charged.

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10.11 For country registered BAs: AMEGA will only facilitate commission release for registered BAs whose status is “Active”.

10.12 Commissions and Commission Release is calculated and based upon the Singapore system and local times with a midnight cut off time.

10.13 For country registered BAs: Commission release is strictly via A) Interbank transfer 2) Local cheques / DDs, or 3) Local Debit cards (if available in the respective countries).

10.14 AMEGA will only remit the net amount after deduction of any admin charges to the owner‟s bank account as registered in the personal profile of the respective Business Account.

10.15 AMEGA will not initiate any commission release for Business Accounts with outstanding balances. Individuals MUST settle all outstanding balances before commission release can be initiated.

10.16 Each commission release is executed independently for each Business Account. Commission payment of different Business Accounts owned by the same Individual / Entity will not be combined.

10.17 The onus rests on the BA to inform the Company to inform AMEGA if the Commission Release is not reflected in your Bank Account.

10.18 BAs registered in one country cannot release commission from another country.

10.19 Only one Business Account per BA will be entertained for commission release. Individuals with multiple Business Accounts (apart from the registered BA) can only contra their commission earned.

10.20 AMEGA may deduct Income Earned Tax, or other forms of taxes as stipulated by the Laws of the land as necessary and if required by a government body.

10.21 AMEGA shall initiate „claw-back‟ on commissions where a chargeback or refund has been initiated by a down-line BA/ Customer.

10.22 NO Adhoc requests for commission to be released will be permitted. No commission will be released in cash or otherwise from our local offices.

11. Product Delivery

11.1 All AMEGA‟s products are sold on a self-collection basis from its various Country Offices, Fulfilment Centres or Authorised Stockists.

11.2 Should there be no Country Offices, Fulfilment Centres or Authorised Stockists in your Country to do a self-collection, Customer/ BAs may request for delivery of their product at their own cost. Shipment and Domestic Handling Charges must be borne by Customer/ BA to have their purchase(s) reach their preferred location.

11.3 Where goods are held in transit due to Customs clearance, AMEGA shall not be liable for costs incurred. However, AMEGA will do its utmost to provide the necessary papers to assist in the clearance of such goods. The Customer/ BAs would have to settle any cost incurred for their goods in transit.

11.4 AMEGA will initiate the dispatch of the products ordered upon realization of payment, and the BA should receive his / her products within a maximum period of 7 days for local shipments and 14 days for international deliveries. Although AMEGA and its delivery partners will take every possible action to expedite all deliveries, AMEGA will not be held responsible for late or delayed deliveries caused by Incorrect or inadequate details provided by the BA in his/ her CyberOffice records

11.5 Unavailability of recipients or refusal of acceptance at point of delivery;

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11.6 Disruptions to delivery for acts beyond AMEGA‟s control, including but, not limited to: fire, flood, earthquake, storms, power outages, labour difficulty, equipment failure, supplier problems, acts of god or other difficulties that might prevent AMEGA‟s performance and obligations according to this agreement.

11.7 Products shall be shipped to the BA by a reputed courier service to the address provided by the BA during the time of Registration. The products must be received by you personally or an authorised person. In most countries, there are no tariff charges. Where local taxes are applicable, the Stockist / BA will have to bear the same, and pay the courier or give instruction to pay such charges directly to the relevant authorities before delivery is made.

11.8 Shipping charges are not included in the Product Price and is reflected separately in your sales order notice. However, in the event of a wrong address being given through no fault of AMEGA, additional shipping charges for receiving and re-delivery of the product shall be payable from the BA‟s account. In cases where GST, VAT or other taxes are applicable, the same shall be payable by the BA.

11.9 Where goods are self-collected, Customers/ BAs and Stockists must check and verify stocks received at the time of Collection

11.10 Where a shipment is received, Customers/ BAs must check and verify the products received at the time of Collection from the Shipping Company. In case of discrepancies, the BA should inform AMEGA using the contact number listed in the shipping slip contained within the delivery box, with 3 different angled photographs of discrepancies, within 7 days upon receipt of goods.

11.11 Where AMEGA‟s products are bought on an Autoship / Recurring basis and payment arranged to be paid through a credit card indicated through the CyberOffice, AMEGA shall continue to attempt charging the credit card over a period of 30 days when recurring payment is declined during an attempt to charge it.

11.12 Should your account be inactive because of Autoship payment failure, your access to the CyberOffice will be restricted until the payment goes through successfully. The account will be restored upon successful payment in full.

11.13 For purchases bought through the Autoship / Recurring billing mode, you may request a refund for your purchase during the “Cooling-Off” period applicable to the territory you are registered in. The AMEGA refund policy shall be applicable in this instance.

11.14 For any delivery inconsistency(s), hold on to your shipment in its original packing and contents. Do not discard, any material, and do not return the shipment (part or whole) to

AMEGA without AMEGA‟s RMA instructions.

12. Product Pricing & IDs

12.1 All prices displayed in our International Website are the International Internet Price (IIP). The IIP is the price upon which the BV is based and commissions are calculated.

12.2 Products prices vary from country to country depending on the local taxation and logistics involved. Domestic Prices/ Retail Prices are displayed / listed in country websites.

12.3 Domestic Price (LDP) includes International Price + Government Taxes + Domestic Handling Changes (DHC)

12.4 Product prices might include VAT, Sales Taxes, and/ or other form of Taxes, if there are such requirements in a country and these are not commissionable. Only the BV allocated to a Product is Commissionable.

12.5 VAT, Sales Taxes, and/ or other form of Taxes may vary between countries to countries and hence lead to difference in pricing quoted between countries.

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13. Business Account (BA) Registration and Renewal Fees

13.1 To be an AMEGA Independent Business Associate, all new BAs must purchase an „Option to Exerc ise‟ set. This option-to-exercise set provides the prospective BAs with an AMEGA E-Business Starter Kit containing information about AMEGA‟s products and services, as well as the compensation plan. As per UK MLM requirements, no commission will be paid on E-business kit sales. The E-Business Starter Kit is strictly for the incumbent BA‟s information and shall consist of:

13.1.1 A specially created AMEGA replicated website under the BA‟s Account.

13.1.2 A free first year annual membership fee.

13.2 BAs registered in one country cannot be registered with another country; however individuals can register another Business Account (BA1) owned by them in another country provided that BA1 has 1 locally sponsored BA on his / her right and Left in his/ her Genealogy.

13.3 All Business Accounts that have been activated by Stockists / other BAs using product IDs MUST register with the respective Country offices by submitting a completed BA Registration Form within 30 days of activation. This is mandatory for ALL BAs where a country office exists.

13.4 In the event an individual decides not to enroll with AMEGA‟s Business Associate Program, s/he shall refrain from visiting AMEGA‟s website. There is no need to return the E- Business starter kit as it contains only information relevant for making decision whether to join AMEGA‟s BAP program. AMEGA shall not reimburse the cost of the E- Business starter kit.

Annual Membership Fee

13.3 All BAs are subjected to an annual fee that would be payable at the end of 12 months since last joining AMEGA BAP or since last renewal of annual membership. The membership renewal is not based on any calendar year.

13.4 A half-yearly Business Account Renewal An annual renewal fee of USD 15 for International BAs and USD 24 for Country registered BAs will be levied for renewal of Business Accounts, provided the BA account is still in active status.

13.5 The Annual Renewal fee of USD 15 for International BAs will automatically be deducted from the BA‟s Commission reserves where there are sufficient funds and duly reflected in his/ her Commission statements by the end of the 12

th month.

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13.6 Fees of USD 12 for Country Registered BAs will automatically be deducted from the BA‟s Commission reserves where there are sufficient funds and duly reflected in his/ her Commission statements if there is sufficient balance by the end of the 7

th Month and the 13

th Month. Both inclusive of 30 days of extension.

13.7 Business Accounts will expire on the 13th month from the month of activation. This includes a 30 days

extension after which the BA will become “inactive” and does not get commission computation, and access to CyberOffice will be restricted as the password is automatically reset.

13.8 Country Registered BAs can “Re-activate” their Business Accounts by paying the Annual Renewal fee to the respective Country offices. International BAs can “Re-activate” their Business Accounts by paying the Annual Membership Fee to AMEGA Global LLC.

13.9 All reactivated accounts will be backdated to the previous expiry date in the AMEGA IT System. There will be no retrospective claims for accounts that have been reinstated.

13.10 Accounts expiring for more than 3 months shall not be re-activated. BA‟s will have to open a new account, which will have no association whatsoever with any expired account(s) or the benefits/ recognition associated with the expired account(s).

14. Advertising & Promotion

14.1 BAs shall not advertise AMEGA products, and/ or use any literature - written or recorded - or any other materials in any promotion that may implicate the Company in any way.

14.2 Modification, alterations of AMEGA Corporate and product literature in not permitted, without prior permission and approval from the AMEGA.

14.3 BAs may request - in writing - AMEGA‟s authorization for any advertising or promotional activity they may deem to be strategic to AMEGA business and allow AMEGA time to review the advertising/promotional materials.

14.4 BAs are fully responsible for all oral and/or written statements made about the products, literature and BA Program that are not supplied/ authorised by AMEGA, including any translations. BAs shall indemnify AMEGA and hold it faultless in any legal liabilities arising from any non-endorsed promotional communications.

14.5 Advertising/ promotional materials such as brochures, flyers, can be bought from AMEGA offices for distribution.

15. RESIGNATION

15.1 BAs/ Distributors who wish to resign from AMEGA must submit a resignation form to the respective offices. He or she has to ensure that all dues to or from AMEGA are settled before tendering resignation.

15.2 All BAs where the BA had resigned will be “De-commissioned” and CANNOT be re-activated again.

15.3 BAs who have resigned are allowed to join under another SPONSOR in AMEGA after 60 days. The approval for rejoin is at the sole discretion of AMEGA and AMEGA reserves all right not to disclose any reason for non-approvals.

16. GENERAL BUSINESS ETHICS POLICY

ETHICAL BEHAVIOR

16.1 AMEGA wishes to conduct its business ethically and credibly. It expects its Employees, BAs and Stockist(s) to maintain a high degree of professional ethics and code of conduct. AMEGA‟s guiding principles of honesty and integrity drives it‟s Employees in their daily activities, and shall drive BAs in their dealings with other BAs, prospective BAs and Customers and the Company. AMEGA views BA‟s

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action(s), intentional or otherwise, which may undermine AMEGA and/or its BAs reputation, or which is detrimental to the interests of AMEGA serious and unethical. Such action(s) shall be grounds for termination of the offending BAs. Some examples of unethical and improper behaviours, which AMEGA considers unethical and damaging; but are not limited to: are as follows:

16.1.1 Offers of inducement for members of another line in one genealogy to cross to team in another genealogy.

16.1.2 BAs poaching other BAs during Company activities;

16.1.3 BAs making false/unjustified claims about AMEGA, leading to loss and/ or damage to the reputation and standing of the Company and its business;

16.1.4 Controlling down-line sales, non delivery of products where payment is made, and/ or any form of manipulation.

16.1.5 BA‟s making fraudulent refunds/ claims and/ or Charge backs.

16.1.6 BA‟s shall not involve in any other network marketing company activities or build a network or sponsor agents in any other network marketing agencies.

16.1.7 BAs shall not participate in any action that causes a BA of AMEGA to be sponsored through someone else into another company.

16.2 BAs found indulging in unethical/ improper/ unprofessional/ illegal practices, which contravene AMEGA‟s policy(s) or the Laws of the Land shall be seriously dealt with by AMEGA in one or more of the following ways and are not restricted to:

16.2.1 Termination / Suspension of BA;

16.2.2 Penalised with Suspension of Commission. AMEGA shall decide on the duration of suspension. (days, weeks, months);

16.2.3 Removal of leadership status;

16.2.4 Ban from attending company activities.

16.2.5. Where the action is contravening any statutory Law of the Land AMEGA will pass all necessary details on to the necessary legal/police authorities and assist them where required.

16.3 BAs actions; intentional or otherwise; that result in the damaging of AMEGA‟s reputation or standing of the Company and its business, or resulting in losses (present or future) to the Company, shall be taken to task and AMEGA will not hesitate to take legal action against such offending party(ies).

16.4 BAs understand that AMEGA does not permit changing of sponsors. Network marketing is a business of creating relationships. Once a BA is sponsored, AMEGA believes in maximum protection of that relationship.

17. AUTHORISED COMMUNICATION CHANNEL

17.1 AMEGA reserves the right to recognize only those messages received via the AMEGA Messenger System found in the Cyber Office. AMEGA does not entertain personal email request or enquiry unless they are from Preferred Customers who have purchased directly from an AMEGA Office with a Sponsor.

17.2 Formal written letters and or Authorised AMEGA Forms (eg: Password Request Form) are also acceptable modes of communication.

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17.3 Any complaint by BAs and Preferred Customers against another must be in written form and directed to AMEGA for investigation. The company‟s decision shall be final and AMEGA reserves all rights not to disclose its findings, decisions or course of actions with any party(ies).

18. SPAMMING

18.1 AMEGA‟s e-mails and other forms of communications are transmitted to registered BAs and Preferred Customers in the course of its business.

18.1.1 AMEGA condemns Internet spamming - the practice of sending unsolicited e-mails to mass recipients, regardless of the relevance of the email to the recipient(s).

18.1.2 AMEGA prohibits BAs from using Internet spamming to promote and market its business.

18.2 The penalties for spamming will be immediate termination of the offending Associate‟s account.

19. TERMINATION / SUSPENSION / REINSTATEMENT

19.1 AMEGA reserves the right to terminate this agreement immediately upon receipt of sufficient evidence that BA has violated any of these Terms and Conditions, or any statutory law in her/his country, and/or policies and regulations involving AMEGA business.

19.2 Any BAs found in breach or violation of any of these Terms and Conditions may be subjected to disciplinary action by AMEGA. Such action may include limitation of the BA right or the outright termination of her/his account(s). Disciplinary action may also include oral and/or written warning, suspension, and/ or a penalty in the form of fines. AMEGA reserves the right to claim reimbursement from BA for expenses, including legal fees and charges, arising from such legal implications.

19.3 Out of goodwill, AMEGA would consider an appeal against such action. Its decision would be final. A BA wishing to appeal against disciplinary action(s) must do so within fourteen (14) days of the date of disciplinary or termination notice in writing, after which the disciplinary or termination action shall be final and conclusive.

19.4 In all termination cases, affected BA shall lose all rights to their sponsored BA and Preferred Customers, and shall no longer be entitled to the benefits stipulated in the BAP/PCP Program or to any form of compensation from AMEGA.

19.5 A BA who repeatedly and deliberately manipulates the submission of new sales not in accordance with natural development, and which can result in a burden to the Company or negatively impact the well-being of BA and Preferred Customers in general, shall have her/his Business Accounts suspended or put on “freeze”. This may lead to termination. Manipulation can mean but are not limited to the following:

19.5.1 Any individual having more than 15 BAs in his name;

19.5.2 Any individual purchasing AMEGA products in bulk (multiple business accounts) and reselling the same products at lower prices other than the recommended retail prices (dumping stocks);

19.5.3 Manipulating the placement of BA;

19.5.4 Manipulating the confirmation of an order;

19.5.5 Delays the confirmation of a new Associate and/ or issuance of a password given to a new BA when payment has been received;

19.6 BAs who have had his/ her agreement terminated and with commissions in his/her account will have his/her commissions put on ”freeze” at the time of termination or suspension. AMEGA shall hold the

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commissions in lieu of any impending legal costs / damages before releasing the remaining commissions as per legal requirements.

19.7 BAs who account was suspended for a certain period of time, will lose the commission earnings during the period of suspension, however if they are found not to be guilty by the company any lost income will be credited back to their account without any interest.

19.8 Terminated BAs shall be eligible to reapply and may choose a new sponsor after six (6) months upon approval. A terminated BA that re-enters the program may not sponsor any of his / her original down-line organization.

20. BA & Customer Database

20.1 AMEGA reserves the right to store, as its own commercial database, all personal and related details that have been submitted by BA and Preferred Customers for AMEGA‟s business only.

20.2 AMEGA, and its associated group of Companies, has the right to solicit, communicate with all BAs and Preferred Customers on issues such as group company marketing and product information, newsletters, seminars, events promotions, and announcements, etc whenever it deems necessary to communicate information to the BA unless that person has specifically opted out/unsubscribed to future marketing correspondence.

20.3. The BA may, at any time, change and update their details through AMEGA‟s Cyber Office website.

21. Exclusive Rights

21.1 These Terms and Conditions and Policy and Procedures, together with AMEGA‟s BAP/PCP Program, constitute the entire understanding of the parties with respect to the subject matter. They may be amended from time to time, as the Company deems appropriate and reasonable.

21.2 The list of Distributors and Customers Distributors sponsored to AMEGA shall constitute commercially advantageous proprietary assets and trade secrets of AMEGA, which the Company has agreed to hold confidential.

21.3 AMEGA owns the Distributors and Customers Distributors list and the business opportunity attendant upon it and thus reserves the right to work independently with any Distributors and Customers Distributors list at its discretion.

21.4 AMEGA owns all assets of the company, the products, trademarks, patents, patent applications, websites, content, brochures, and all copyrights etc pertaining to AMEGA and all rights are reserved.

22. Waiver

22.1 AMEGA reserves the right to insist BAs to comply with these Terms and Conditions and policy and procedures, or with any applicable laws governing the conduct of business in the respective countries. Any perceived inaction by AMEGA to exercise any rights stated in these Terms and Conditions, or any perceived inaction by AMEGA to insist upon strict compliance, shall not constitute a waiver of AMEGA‟s right to demand exact compliance therewith.

22.2 Any Regulation, Instructions, Conditions and/or Policies including, Compensation Plan, New BA, Stockist, Travel Incentive Trip policy issued by AMEGA or that which may be issued/amended from time to time in AMEGA‟s website, releases, bulletins and/or any other publication thereof shall constitute an integral part of these Terms and Conditions.

22.3 Any waiver by AMEGA can only be effected in contracts or agreements specified in writing by an authorised by a senior AMEGA officer of Vice President Status or above.

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22.4 BAs as sponsors understand that there will be NO compensation payable for sponsoring new BAs and that only commission from personal sale(s) and overriding commissions from down-line sale(s) can be earned as compensation.

22.5 AMEGA will retain full authority to accept or reject any application or any order for products. Such refusal is solely within the discretion of AMEGA. No right of action against AMEGA will arise because of any such acceptance or refusal.

22.6 AMEGA assumes no liability for personal injury arising from use or mishandling of any of the Company product(s).

23. DISCLAIMERS AND LIMITATION OF LIABILITY

23.1 The use of AMEGA‟s products and it‟s benefits are suggestive in nature and is definitely not intended to be a substitute for careful medical evaluation and treatment by a certified and licensed health care professional.

23.2 AMEGA‟s products are the result of extensive review of scientific research on alternative medicine, which is having an ever growing trend in our society. If you have been suffering from any illness, or have been receiving medication, AMEGA strongly recommends that you do not change any current medications or add any new therapies without personally consulting a fully qualified and licensed health care professional.

23.3 Alternate medicines / therapies may provide varying and even contrasting results to different users of the same product/ therapy(s). Users are advised to be conscious of the personal effect of usage and NOT to refer to AMEGA for any perceived inapplicability of AMEGA products.

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