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Statement Of Policies & Proceduces

SECTION 1 - INTRODUCTION

1.1 - Policies and Business Plan Incorporated into Member Agreement

These Policies and Procedures, in their present form and as amended at the sole discretion of MXB International Holdings Sdn. Bhd. (hereafter “MXB INTERNATIONAL” or the “Company”), are incorporated into, and form an integral part of, the MXB INTERNATIONAL Member Agreement. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the MXB INTERNATIONAL Member Terms of Use, these Policies and Procedures, the MXB INTERNATIONAL Business Plan. These documents are incorporated by reference into the MXB INTERNATIONAL Member Agreement (all in their current form and as amended by (MXB INTERNATIONAL). It is the responsibility of each Member to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies and Procedures. When sponsoring or enrolling a new Member, it is the responsibility of the sponsoring Member to provide the most current version of these Policies and Procedures and the MXB INTERNATIONAL Business Plan to the applicant prior to his or her execution of the Member Agreement.

1.2 - Purpose of Policies

MXB INTERNATIONAL markets products through Independent Members. It is important to understand that your success and the success of your fellow Members are dependent upon the integrity of the men and women who market our products. To clearly define the relationship that exists between Members and MXB INTERNATIONAL, and to explicitly set a standard for acceptable business conduct, MXB INTERNATIONAL has established the Agreement. MXB INTERNATIONAL Members are required to comply with all of the Terms and Conditions set forth in the Agreement which MXB INTERNATIONAL may amend at its sole discretion from time to time, as well as all federal, state, provincial, territorial, and local laws governing their MXB INTERNATIONAL business and their conduct. Because you may be unfamiliar with many of these standards of practice, it is very important that you read and abide by the Agreement. Please review the information in this manual carefully. It explains and governs the relationship between you, as an independent member and the Company. If you have any questions regarding any policy or rule, do not hesitate to seek an answer from anyone your Sponsor or from MXB INTERNATIONAL.

1.3 - Changes to the Agreement

Because federal, state, provincial, territorial and local laws, as well as the business environment, periodically change, MXB International Holdings Sdn. Bhd. reserves the right to amend the Agreement and its prices in its sole and absolute discretion. By entering into the Member Agreement, a Member agrees to abide by all amendments or modifications that MXB INTERNATIONAL elects to make. Amendments shall be effective upon notice to all Members that the Agreement has been modified. Notification of amendments shall be published in official MXB INTERNATIONAL materials. The Company shall provide or make available to all Members a complete copy of the amended provisions by one or more of the following methods: (1) posting on the Company's official webpage; (2) electronic mail (e-mail); (3) fax-on-demand; (4) inclusion in product orders; or (5) special mailings. The continuation of a Member's MXB INTERNATIONAL business or a Member's acceptance of bonuses or commissions constitutes acceptance of any and all amendments.

1.4 - Delays

MXB International Holdings Sdn. Bhd. shall not be responsible for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, death, acts of God, natural disasters, curtailment of a party's source of supply, or government decrees or orders.

1.5 - Policies and Provisions Severable

If any provision of the Agreement, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid, or unenforceable provision never comprised a part of the Agreement.

1.6 - Waiver

The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of MXB INTERNATIONAL to exercise any right or power under the Agreement or to insist upon strict compliance by a Member with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of MXB INTERNATIONAL's right to demand exact compliance with the Agreement. Waiver by MXB INTERNATIONAL can be affected only in writing by an authorized officer of the Company. MXB INTERNATIONAL 's waiver of any particular breach by a Member shall not affect or impair MXB INTERNATIONAL 's rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other Member. Nor shall any delay or omission by MXB INTERNATIONAL to exercise any right arising from a breach affect or impair MXB INTERNATIONAL’s rights as to that or any subsequent breach.

The existence of any claim or cause of action of a Member against MXB INTERNATIONAL shall not constitute a defense to MXB INTERNATIONAL 's enforcement of any term or provision of the Agreement.

SECTION 2 - BECOMING A MEMBER

2.1 - Requirements to Become a Member

To become a MXB INTERNATIONAL Member, each applicant must:
      a) Be of the age of majority in his or her state of residence; company; partnership; or sole proprietor;
      b) Purchase a MXB INTERNATIONAL product;
      c) Submit a properly completed Member Agreement to MXB INTERNATIONAL (see Section 2.2 below); and the Company reserves the right to reject any applications for a new Member or applications for renewal.

2.2 - New Member Enrollment

The following steps provided for new Members to enroll:
      a) To become a new Member, the applicant must be referred by an existing Member and online to MXB International Holdings Sdn. Bhd. Webpage for registration;
      b) Membership will not be effective until and unless it has been approved by the Company. As approval, the applicant will receive Member ID and Password by e-mail;
      c) The new Member is required to use the Member ID and Password on the Webpage, to promote MXB INTERNATIONAL products and Business Plan.

2.3 - Member Benefits

Once a Member application has been accepted by MXB INTERNATIONAL, the benefits of the Business Plan and the Member Agreement are available to the new Member. These benefits include the right to:
      a) Participate in the MXB INTERNATIONAL Business Plan (receive bonuses and commissions, if eligible);
      b) Sponsor other individuals as Members into the MXB INTERNATIONAL business and thereby, build a marketing organization and progress through the MXB INTERNATIONAL Business Plan;
      c) Participate in MXB International Holdings Sdn. Bhd- sponsored support, service, training, motivational and recognition functions, upon payment of appropriate charges, if applicable.

SECTION 3 - OPERATING YOUR MXB INTERNATIONAL BUSINESS

3.1 - Adherence to the MXB INTERNATIONAL Business Plan

Members must adhere to the terms of the MXB INTERNATIONAL Business Plan as set forth in official MXB INTERNATIONAL literature. Members shall not offer the MXB INTERNATIONAL opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically set forth in official MXB INTERNATIONAL literature. Members shall not require or encourage other current or prospective Preferred Customers or Members to participate in MXB INTERNATIONAL in any manner that varies from the program as set forth in official MXB INTERNATIONAL literature. Members shall not require or encourage other current or prospective Preferred Customers or Members to execute any agreement or contract other than official MXB INTERNATIONAL agreements and contracts in order to become a MXB INTERNATIONAL Member. Similarly, Members shall not require or encourage other current or prospective Preferred Customers or Members to make any purchase from, or payment to, any individual or other entity to participate in the MXB INTERNATIONAL Business Plan other than those purchases or payments identified as recommended or required in official MXB INTERNATIONAL literature.

3.2 - Advertising and Promotional Tools

3.2.1 General

All Members shall safeguard and promote the good reputation of MXB INTERNATIONAL and its products. The marketing and promotion of MXB INTERNATIONAL, the MXB INTERNATIONAL opportunity, the Business Plan, and MXB INTERNATIONAL products shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.

MXB INTERNATIONAL has carefully designed its products, product labels, Business Plan, and promotional materials to ensure that each aspect of MXB INTERNATIONAL is fair, truthful, substantiated, and complies with applicable laws and codes of conduct. To promote both the products and the tremendous opportunity MXB INTERNATIONAL offers, Members must submit to MXB INTERNATIONAL all literature, advertisements, sales aids, training tools, and promotional materials that they wish to use in their businesses. No such material may be used unless and until written approval is received from the Company.

3.2.2 Domain Names and Email Addresses

Members may not use or attempt to register any of MXB INTERNATIONAL's trade names, trademarks, service names, service marks, product names, the Company's name, or any derivative thereof, for any Internet domain name. Nor may Members incorporate or attempt to incorporate any of the Company's trade names, trademarks, service names, service marks, product names, the Company's name, or any derivative thereof, into any electronic mail address.

3.2.3 Trademarks and Copyrights

MXB INTERNATIONAL will not allow the use of its trade names, trademarks, designs, or symbols by any person, including a MXB INTERNATIONAL Members, without its prior, written permission. Members may not produce for sale or distribution any recorded Company events and speeches without written permission from MXB INTERNATIONAL or may Members reproduce for sale or for personal use any recording of Company-produced audio or video tape presentations.

The name of MXB INTERNATIONAL and other names as may be adopted by MXB International Holdings Sdn. Bhd. are proprietary trade names, trademarks and service marks of MXB INTERNATIONAL. As such, these marks are of great value to MXB INTERNATIONAL and are supplied to Members for their use only in an expressly authorized manner.

All Members may list themselves as an “Independet MXB INTERNATIONAL Member” in the white or yellow pages of the telephone directory under their own name. No Member may place telephone directory display ads using MXB INTERNATIONAL's name or logo. Members may not answer the telephone by saying “MXB INTERNATIONAL”, “MXB INTERNATIONAL Company”, or in any other manner that would lead the caller to believe that he or she has reached corporate offices of MXB INTERNATIONAL.

3.2.4 Media and Media Inquiries

Members must not attempt to respond to media inquiries regarding MXB INTERNATIONAL, its products, or their independent MXB INTERNATIONAL business. All inquiries by any type of media must be immediately referred to MXB INTERNATIONAL's Marketing Department. This policy is designed to assure that accurate and consistent information is provided to the public as well as a proper public image.

3.2.5 Spamming and Unsolicited Faxes

Except as provided in this section, Members may not use or transmit unsolicited faxes, mass e-mail distribution, unsolicited e-mail, or “spamming” relative to the operation of their MXB INTERNATIONAL businesses. The terms "unsolicited faxes" and “unsolicited e-mail” mean the transmission via telephone facsimile or electronic mail, respectively, of any material or information advertising or promoting MXB INTERNATIONAL, its products, its business plan or any other aspect of the company which is transmitted to any person, except that these terms do not include a fax or e-mail: (a) to any person with that person's prior express invitation or permission; or (b) to any person with whom the Member has an established business or personal relationship. The term "established business or personal relationship" means a prior or existing relationship formed by a voluntary two way communication between a Member and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products offered by such Member; or (b) a personal or familial relationship, which relationship has not been previously terminated by either party.

3.3 - Bonus Buying Prohibited

Bonus buying is strictly and absolutely prohibited. “Bonus buying” includes: (a) the enrollment of individuals or entities without the knowledge of and/or execution of a Member Agreement by such individuals or entities; (b) the fraudulent enrollment of an individual or entity as a Member; (c) the enrollment or attempted enrollment of non-existent individuals or entities as Members (“phantoms”); or (d) purchasing MXB INTERNATIONAL merchandise on behalf of another Member, or under another Member's I.D. number, to qualify for commissions or bonuses.

3.4 - Unauthorized Claims and Actions

3.4.1 Indemnification

A Member is fully responsible for all of his or her verbal and written statements made regarding MXB INTERNATIONAL products and the Business Plan which are not expressly contained in official MXB INTERNATIONAL materials. Members agree to indemnify MXB INTERNATIONAL and MXB INTERNATIONAL's directors, officers, employees, and agents, and hold them harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by MXB INTERNATIONAL as a result of the Member's unauthorized representations or actions. This provision shall survive the termination of the Member Agreement.

3.4.2 Product Claims

No claims (which include personal testimonials) as to beneficial properties of any products offered by MXB International Holdings Sdn. Bhd. may be made except those contained in official MXB INTERNATIONAL literature.

3.5 - Minors

A person who is recognized as a minor in his/her state of residence may not be a MXB INTERNATIONAL Member. Members shall not enroll or recruit minors into the MXB INTERNATIONAL program.

3.6 - Re-packaging and Re-labeling Prohibited

Members may not re-package, re-label, refill or alter the labels on any MXB INTERNATIONAL products, information, materials or programs in any way. MXB INTERNATIONAL products must be sold in their original containers only. Such re-labeling or repackaging would likely violate federal and state laws, which could result in severe criminal penalties. You should also be aware that civil liability can arise when, as a consequence of the repackaging or re-labeling of products, the persons using the products suffer any type of injury or their property is damaged.

3.7 - Sponsoring

All active Members in good standing have the right to sponsor and enroll others into MXB INTERNATIONAL.

3.8 - Succession

Upon the death or incapacitation of a Member, his or her business may be passed to his or her heirs. Appropriate legal documentation must be submitted to the Company to ensure the transfer is proper. Accordingly, a Member should consult an attorney to assist him or her in the preparation of a will or other testamentary instrument. Whenever a MXB INTERNATIONAL business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and commissions of the deceased Member's marketing organization provided the following qualifications are met. The successor(s) must:
      a) Execute a Member Agreement;
      b) Comply with terms and provisions of the Agreement; and
      c) Meet all of the qualifications for the deceased Member's status.

3.8.1 Transfer Upon Death of a Member

To effect a testamentary transfer of a MXB INTERNATIONAL business, the successor must provide the following to MXB INTERNATIONAL: (1) an original death certificate; (2) a notarized copy of the will or other instrument establishing the successor's right to the MXB INTERNATIONAL business; and (3) a completed and executed Member Agreement.

3.8.2 Transfer Upon Incapacitation of a Member

To effect a transfer of a MXB INTERNATIONAL business because of incapacity, the successor must provide the following to MXB INTERNATIONAL: (1) a notarized copy of an appointment as trustee; (2) a notarized copy of the trust document or other documentation establishing the trustee's right to administer the MXB INTERNATIONAL business; and (3) a completed Member Agreement executed by the trustee.

SECTION 4 - RESPONSIBILITIES OF MEMBERS

4.1 - Change of Address or Telephone

To ensure timely delivery of products, support materials, it is critically important that the MXB INTERNATIONAL's files are current. Street addresses are required for shipping since UPS cannot deliver to a post office box. Members planning to move should send their new address and telephone numbers to MXB INTERNATIONAL to the attention of the Member Services Department. To guarantee proper delivery, two weeks advance notice must be provided to MXB INTERNATIONAL on all changes.

4.2 - Continuing Development Obligations

4.2.1 Ongoing Training

Any Member who sponsors another Member into MXB INTERNATIONAL must perform a bona fide assistance and training function to ensure that his or her downline is properly operating his or her MXB INTERNATIONAL business. Members must have ongoing contact and communication with the Members in their Downline Organizations. Upline Members are also responsible to motivate and train new Members in MXB INTERNATIONAL product knowledge, effective sales techniques, the MXB INTERNATIONAL Business Plan, and compliance with Company Policies and Procedures.

Members must monitor the Members in their Downline Organizations to ensure that downline Members do not make improper product or business claims, or engage in any illegal or inappropriate conduct. Upon request, every Member should be able to provide documented evidence to MXB INTERNATIONAL of his or her ongoing fulfillment of the responsibilities of a Sponsor.

SECTION 5 - BONUSES

5.1 - Bonus Qualifications

A Member must be active and in compliance with the Agreement to qualify for bonuses. So long as a Member complies with the terms of the Agreement, MXB International Holdings Sdn. Bhd. shall pay bonuses to such Member in accordance with the Business Plan. The minimum amount for withdrawal is 100 E-Cash.

5.2 - Adjustment to Bonuses

5.2.1 Adjustments for Returned Products

Members receive bonuses based on the actual sales of products to end consumers. When a product is returned to MXB International Holdings Sdn. Bhd. for a refund or is repurchased by the Company, the bonuses attributable to the returned or repurchased product(s) will be deducted, in the month in which the refund is given, and continuing every pay period thereafter until the bonus is recovered, from the Members who received bonuses on the sales of the refunded products.

SECTION 6 - PRODUCT GUARANTEES, RETURNS AND INVENTORY REPURCHASE

6.1 - Product Guarantee

MXB International Holdings Sdn. Bhd. offers products of international quality to every customer. If the products purchased by the Members are of inferior quality or with manufacturing defects, the Company guarantees replacement. However, this guarantee does not extend to damages or contamination due to expiry, negligence or deliberate act.

6.2 - Product Returns

In case of any dissatisfaction, manufacturing or packaging defect, Members can return/exchange the product to/from the Member from whom they had purchased the same, within the 10 days of the date of purchased (less shipping charges and 10% of processing charges). They have to provide a good reason and return the said goods to the Member from whom they had purchased.

Thereafter, the Members can return the products to the Company and exchange for the same products, within 30 days from the date of order placed. The products returned must be in good condition, useable, resalable, restockable, unopened, unaltered and the shelf-life of the good have not expired. Members must attach the follows at the time of returning the products:
      • Reason for return
      • Products to be returned

6.3 - Buy Back Policy

MXB International Holdings Sdn. Bhd. provides a Buy Back Policy to Members who wish to terminate his/her membership and return any MXB INTERNATIONAL’s products that is in good condition, useable, resalable, restockable, unopened, unaltered and the shelf-life of the good have not expired, which is purchased within the 30 days from the date of his resignation.

Upon approval, amount refunded will be equal to member cost of product being returned, less total bonus paid on the original purchase and less 10% service charge from Member Price of the products toward the cost of handling charge and freight.

This Buy Back Policy is designed to impose upon the sponsor and the Company the obligation to ensure that the member is buying products wisely.

6.4 - Procedures for All Returns

The following procedures apply to all returns for refund, repurchase, or exchange:
      a) All merchandise must be returned by the Member who purchased it directly from MXB International Holdings Sdn. Bhd..
      b) The return is accompanied by:
            • a copy of the original dated shipment bill/receipt; and
            • the unused portion of the product in its original container.
      c) Proper shipping carton(s) and packing materials are to be used in packaging the product(s) being returned for replacement, and the best and most economical means of shipping is suggested. All returns must be shipped to MXB International Holdings Sdn. Bhd. shipping pre-paid. MXB INTERNATIONAL does not accept shipping-collect packages. The risk of loss in shipping for returned product shall be on the Member. If returned product is not received by the Company, it is the responsibility of the Member to trace the shipment.
      d) If a Member is returning merchandise to MXB International Holdings Sdn. Bhd. that was returned to him or her by a personal Retail Customer, the product must be received by MXB International Holdings Sdn. Bhd. within ten (10) days from the date on which the Retail Customer returned the merchandise to the Member, and must be accompanied by the sales receipt the Member gave to the Retail Customer at the time of the sale.

No refund or replacement of product will be made if the conditions of these rules are not met.

SECTION 7 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS

7.1 - Disciplinary Sanctions

Violation of the Agreement, these Policies and Procedures, or any illegal, fraudulent, deceptive or unethical business conduct by a Member may result, at MXB INTERNATIONAL's discretion, in one or more of the following corrective measures:
      a) Issuance of a written warning or admonition;
      b) Requiring the Member to take immediate corrective measures;
      c) Imposition of a fine, which may be withheld from bonus;
      d) Loss of rights to one or more bonus;
      e) MXB International Holdings Sdn. Bhd. may withhold from a Member all or part of the Member's bonuses during the period that MXB INTERNATIONAL is investigating any conduct allegedly violative of the Agreement. If a Member's business is cancelled for disciplinary reasons, the Member will not be entitled to recover any bonuses withheld during the investigation period;
      f) Suspension of the individual's Member Agreement for one or more pay periods;
      g) Involuntary termination of the offender's Member Agreement;
      h) Any other measure expressly allowed within any provision of the Agreement or which MXB INTERNATIONAL deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Member's policy violation or contractual breach;
      i) In situations deemed appropriate by MXB INTERNATIONAL, the Company may institute legal proceedings for monetary and/or equitable relief.

7.2 - Grievances and Complaints

When a Member has a grievance or complaint with another Member regarding any practice or conduct in relationship to their respective MXB INTERNATIONAL businesses, the complaining Member should first report the problem to his or her Sponsor who should review the matter and try to resolve it with the other party's upline sponsor. If the matter cannot be resolved, it must be reported in writing to the Company. The Company will review the facts and attempt to resolve it.

SECTION 8 - ORDERING

8.1 - Purchasing MXB INTERNATIONAL Products

Each Member should purchase his or her products directly from MXB INTERNATIONAL or his/her sponsor.

8.2 - Shipping and Back Order Policy

MXB INTERNATIONAL will normally ship products within 10 business days from the date on which it receives an order. MXB INTERNATIONAL will expeditiously ship any part of an order currently in stock. If, however, an ordered item is out-of-stock, it will be placed on back order and sent when MXB INTERNATIONAL receives additional inventory. MXB INTERNATIONAL will notify Members if items are back-ordered and are not expected to ship within 30 days from the date of the order.

8.3 - Confirmation of Order

A Member and/or recipient of an order must confirm that the product received matches the product listed on the shipping invoice, and is free of damage. Failure to notify MXB INTERNATIONAL of any shipping discrepancy or damage within thirty days of shipment will cancel a Member's right to request a correction.

SECTION 9 - INACTIVITY AND CANCELLATION

9.1 - Effect of Cancellation

So long as a Member remains active and complies with the terms of the Member Agreement and these Policies and Procedures, MXB INTERNATIONAL shall pay bonuses to such Member in accordance with the Business Plan. A Member's bonuses constitute the entire consideration for the Member's efforts in generating sales and all activities related to generating sales (including building a downline organization). Following a Member's non-renewal of his or her Member Agreement, cancellation for inactivity, or voluntary or involuntary cancellation of his or her Member Agreement (all of these methods are collectively referred to as “cancellation”), the former Member shall have no right, title, claim or interest to the marketing organization which he or she operated, or any bonus from the sales generated by the organization.

9.2 - Involuntary Cancellation

A Member's violation of any of the terms of the Agreement, including any amendments that may be made by MXB INTERNATIONAL in its sole discretion, may result in any of the sanctions listed in 7.1, including the involuntary cancellation of his or her Member Agreement. Cancellation shall be effective on the date on which written notice is mailed, faxed, or delivered to an express courier, to the Member's last known address (or fax number), or to his/her attorney, or when the Member receives actual notice of cancellation, whichever occurs first.

9.3 - Voluntary Cancellation

A participant in this network business plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing or e-mail to the Company. The notice must include the Member I.D. and Member Name.

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