STATEMENT OF POLICIES & PROCEDURES
Section 1 – Introduction
The following Company’s Distributors Rules & Regulations are implemented with the purpose of safeguarding the rights and regulating the obligations of its Distributors, rather than restraining their independent business activities. In order to mould yourself to be a responsible and ethical MAXGABA’s Distributors. You ought to understand and abide by the Rules & Regulations. Any violation of the Rules & Regulations will result in termination of the Distributorship.
1.2 Policies and Business Plan Incorporated into Distributor Agreement
These documents are incorporated by reference into the MAXGABA INTERNATIONAL Distributor Agreement (all in their current form and as amended by MAXGABA INTERNATIONAL). It is the responsibility of each Distributor 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 Distributor, it is the responsibility of the sponsoring Distributor to provide the most current version of these Policies and Procedures and the MAXGABA INTERNATIONAL Business Plan to the applicant prior to his or her execution of the Distributor Agreement.
1.3 Purpose of Policies
MAXGABA INTERNATIONAL markets products through Independent Distributors. It is important to understand that your success and the success of your fellow Distributors are dependent upon the integrity of the men and women who market our products. To clearly define the relationship that exists between Distributors and MAXGABA INTERNATIONAL, and to explicitly set a standard for acceptable business conduct, MAXGABA INTERNATIONAL has established the Agreement.
MAXGABA INTERNATIONAL Distributors are required to comply with all of the Terms and Conditions set forth in the Agreement which MAXGABA INTERNATIONAL may amend at its sole discretion from time to time, as well as all federal, state, provincial, territorial, and local laws governing their MAXGABA 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 Distributor 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 MAXGABA INTERNATIONAL.
1.4 Changes to the Agreement
Because federal, state, provincial, territorial and local laws, as well as the business environment, periodically change, MAXGABA INTERNATIONAL reserves the right to amend the Agreement and its prices in its sole and absolute discretion. By entering into the Distributor Agreement, a Distributor agrees to abide by all amendments or modifications that MAXGABA INTERNATIONAL elects to make. Amendments shall be effective upon notice to all Distributors that the Agreement has been modified.
Notification of amendments shall be published in official MAXGABA INTERNATIONAL materials. The Company shall provide or make available to all Distributors 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 Distributor’s MAXGABA INTERNATIONAL business or a Distributor’s acceptance of bonuses or commissions constitutes acceptance of any and all amendments.
1.5 Changes and/ or Amendments
A Distributor shall comply with the Rules and Regulations of the Company and any amendment made by the Company from time to time, provided that such amendment has been published in the Company’s publication or otherwise notified to the Distributor.
MAXGABA INTERNATIONAL 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.
1.7 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.
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 MAXGABA INTERNATIONAL to exercise any right or power under the Agreement or to insist upon strict compliance by a Distributor 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 MAXGABA INTERNATIONAL’s right to demand exact compliance with the Agreement.
Waiver by MAXGABA INTERNATIONAL can be affected only in writing by an authorized officer of the Company. MAXGABA INTERNATIONAL’s waiver of any particular breach by a Distributor shall not affect or impair MAXGABA INTERNATIONAL’s rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other Distributor. Nor shall any delay or omission by MAXGABA INTERNATIONAL to exercise any right arising from a breach affect or impair MAXGABA INTERNATIONAL’s rights as to that or any subsequent breach.
The existence of any claim or cause of action of a Distributor against MAXGABA INTERNATIONAL shall not constitute a defense to MAXGABA INTERNATIONAL’s enforcement of any term or provision of the Agreement.
Section 2 – Becoming A Distributor
2.1 Requirements to Become a Distributor
2.2 New Distributor Enrollment
The following steps provided for new Distributors to enroll:
2.3 Member Benefits
Once a Distributor application has been accepted by MAXGABA INTERNATIONAL, the benefits of the Business Plan and the Distributor Agreement are available to the new Distributor. These benefits include the right to:
2.6Sale of Distributorship
Section 3 – Operating Your MAXGABA INTERNATIONAL Business
3.1 Adherence to the MAXGABA INTERNATIONAL Business Plan
Distributors must adhere to the terms of the MAXGABA INTERNATIONAL Business Plan as set forth in official MAXGABA INTERNATIONAL literature. Distributors shall not offer the MAXGABA INTERNATIONAL opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically set forth in official MAXGABA INTERNATIONAL literature. Distributors shall not require or encourage other current or prospective Preferred Customers or Distributors to participate in MAXGABA INTERNATIONAL in any manner that varies from the program as set forth in official MAXGABA INTERNATIONAL literature.
Distributors shall not require or encourage other current or prospective Preferred Customers or Distributors to execute any agreement or contract other than official MAXGABA INTERNATIONAL agreements and contracts in order to become a MAXGABA INTERNATIONAL Distributor. Similarly, Distributors shall not require or encourage other current or prospective Preferred Customers or Distributors to make any purchase from, or payment to, any individual or other entity to participate in the MAXGABA INTERNATIONAL Business Plan other than those purchases or payments identified as recommended or required in official MAXGABA INTERNATIONAL literature.
3.2 Advertising and Promotional Tools
All Distributors shall safeguard and promote the good reputation of MAXGABA INTERNATIONAL and its products. The marketing and promotion of MAXGABA INTERNATIONAL, the MAXGABA INTERNATIONAL opportunity, the Business Plan, and MAXGABA INTERNATIONAL products shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
MAXGABA INTERNATIONAL has carefully designed its products, product labels, Business Plan, and promotional materials to ensure that each aspect of MAXGABA INTERNATIONAL is fair, truthful, substantiated, and complies with applicable laws and codes of conduct. To promote both the products and the tremendous opportunity MAXGABA INTERNATIONAL offers, Distributors must submit to MAXGABA 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
Distributors may not use or attempt to register any of MAXGABA 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 Distributors 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
MAXGABA INTERNATIONAL will not allow the use of its trade names, trademarks, designs, or symbols by any person, including a MAXGABA INTERNATIONAL Distributors, without its prior, written permission. Distributors may not produce for sale or distribution any recorded Company events and speeches/ audio/ video tape presentations without written permission from MAXGABA INTERNATIONAL.
The name of MAXGABA INTERNATIONAL and other names as may be adopted by MAXGABA INTERNATIONAL are proprietary trade names, trademarks and service marks of MAXGABA INTERNATIONAL. As such, these marks are of great value to MAXGABA INTERNATIONAL and are supplied to Distributors for their use only in an expressly authorized manner.
All Distributors may list themselves as an “Independet MAXGABA INTERNATIONAL Distributor” in the white or yellow pages of the telephone directory under their own name. No Distributor may place telephone directory display ads using MAXGABA INTERNATIONAL’s name or logo. Distributors may not answer the telephone by saying “MAXGABA INTERNATIONAL”, “MAXGABA INTERNATIONAL Company”, or in any other manner that would lead the caller to believe that he or she has reached corporate offices of MAXGABA INTERNATIONAL.
3.2.4 Media and Media Inquiries
Distributors must not attempt to respond to media inquiries regarding MAXGABA INTERNATIONAL, its products, or their independent MAXGABA INTERNATIONAL business. All inquiries by any type of media must be immediately referred to MAXGABA 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, Distributors may not use or transmit unsolicited faxes, mass e-mail distribution, unsolicited e-mail, or “spamming” relative to the operation of their MAXGABA 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 MAXGABA 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 Distributor 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 Distributor and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products offered by such Distributor; 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 Distributor Agreement by such individuals or entities; (b) the fraudulent enrollment of an individual or entity as a Distributor; (c) the enrollment or attempted enrollment of non-existent individuals or entities as Distributors (“phantoms”); or (d) purchasing MAXGABA INTERNATIONAL merchandise on behalf of another Distributor, or under another Distributor’s I.D. number, to qualify for commissions or bonuses.
3.4 Unauthorized Claims and Actions
A Distributor is fully responsible for all of his or her verbal and written statements made regarding MAXGABA INTERNATIONAL products and the Business Plan which are not expressly contained in official MAXGABA INTERNATIONAL materials. Distributors agree to indemnify MAXGABA INTERNATIONAL and MAXGABA 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 MAXGABA INTERNATIONAL as a result of the Distributor’s unauthorized representations or actions. This provision shall survive the termination of the Distributor Agreement.
3.4.2 Business Plan &Product Claims
A person who is recognized as a minor in his/her state of residence may not be a MAXGABA INTERNATIONAL Distributor. Distributors shall not enroll or recruit minors into the MAXGABA INTERNATIONAL program.
3.7 Re-packaging and Re-labeling Prohibited
Distributors may not re-package, re-label, refill or alter the labels on any MAXGABA INTERNATIONAL products, information, materials or programs in any way. MAXGABA INTERNATIONAL products must be sold in their original containers only. Such re-labelling 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-labelling of products, the persons using the products suffer any type of injury or their property is damaged.
All active Distributors in good standing have the right to sponsor and enroll others into MAXGABA INTERNATIONAL.
a) No Cross–Sponsoring of Distributorship shall be allowed. Cross–Sponsoring in this context means:-
b) In the event of Cross–Sponsoring the following actions shall be taken by the Company:
c) The Company reserves the right:
3.10 Principle of Sponsorship
Upon the death or incapacitation of a Distributor, 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 Distributor should consult an attorney to assist him or her in the preparation of a will or other testamentary instrument. Whenever a MAXGABA 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 Distributor’s marketing organization provided the following qualifications are met. The successor(s) must:
3.11.1 Transfer upon Death of a Distributor
To affect a testamentary transfer of a MAXGABA INTERNATIONAL business, the successor must provide the following to MAXGABA INTERNATIONAL:
3.11.2 Transfer upon Incapacitation of a Distributor
To effect a transfer of a MAXGABA INTERNATIONAL business because of incapacity, the successor must provide the following to MAXGABA INTERNATIONAL:
Section 4 – Responsibilities ofDistributors
4.1 Change of Address or Telephone
To ensure timely delivery of products, support materials, it is critically important that the MAXGABA INTERNATIONAL’s files are current. Street addresses are required for shipping since UPS cannot deliver to a post office box. Distributors planning to move should send their new address and telephone numbers to MAXGABA INTERNATIONAL to the attention of the Distributor Services Department. To guarantee proper delivery, two weeks advance notice must be provided to MAXGABA INTERNATIONAL on all changes.
4.2 Continuing Development Obligations
4.2.1 Ongoing Training
Any Distributor who sponsors another Distributor into MAXGABA INTERNATIONAL must perform a bona fide assistance and training function to ensure that his or her down line is properly operating his or her MAXGABA INTERNATIONAL business. Distributors must have ongoing contact and communication with the Distributors in their Down line Organizations. Up line Distributors are also responsible to motivate and train new Distributors in MAXGABA INTERNATIONAL product knowledge, effective sales techniques, the MAXGABA INTERNATIONAL Business Plan, and compliance with Company Policies and Procedures.
Distributors must monitor the Distributors in their Down line Organizations to ensure that down line Distributors do not make improper product or business claims, or engage in any illegal or inappropriate conduct. Upon request, every Distributor should be able to provide documented evidence to MAXGABA INTERNATIONAL of his or her ongoing fulfilment of the responsibilities of a Sponsor.
4.3 Distributor’s Ethics
In the process of sponsoring new recruits and promoting Maxgaba’s products, distributor shall not violated the Direct Selling Act and induce customers by quoting exceptional example, misappropriate money of downline, distributor or customers, or accept any form of corrupt offers.
Distributors are solely responsible for the compliance with applicable taxation requirements.
* Distributors responsibility to declare own taxation matters with authority (Lembaga Hasil Dalam Negeri (LHDN)) for their total annual income earned from Maxgaba International on/ or before April each year and Distributors can download own income listing from their Distributor’s Account @ Member Login.
Section 5 – Bonuses
5.1 Bonus Qualifications
A Distributor must be active and in compliance with the Agreement to qualify for bonuses. So long as a Distributor complies with the terms of the Agreement, MAXGABA INTERNATIONAL shall pay bonuses to such Distributor in accordance with the Business Plan. The minimum amount for withdrawal is 100 E-Cash.
5.2 Adjustment to Bonuses& Returned Products
Distributors receive bonuses based on the actual sales of products to end consumers. When a product is returned to MAXGABA INTERNATIONAL 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 Distributors who received bonuses on the sales of the refunded products.
Section 6 – Product Guarantees, Returns and Inventory Repurchase
6.1 – Product Guarantee
MAXGABA INTERNATIONAL offers products of international quality to every customer. If the products purchased by the Distributors 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, Distributors can return/exchange the product to/from the Distributor from whom they had purchased the same, within the 10 days of the date of purchased (return fee must less shipping charges and 10% of processing charges). They have to provide a good reason and return the said goods to the Distributor from whom they had purchased.
Thereafter, the Distributors 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. Distributors must attach the follows at the time of returning the products:
6.3 Buy Back Policy
MAXGABA INTERNATIONAL provides a Buy Back Policy to Distributors who wish to terminate his/her Distributorship and return any MAXGABA 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 Distributor cost of product being returned, less total bonus paid on the original purchase and less 10% service charge from Distributor 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 Distributor is buying products wisely.
6.4 Procedures for All Returns
The following procedures apply to all returns for refund, repurchase, or exchange:
The unused portion of the product in its original container.
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 MAXGABA INTERNATIONAL shipping pre-paid.
MAXGABA INTERNATIONAL does not accept shipping-collect packages. The risk of loss in shipping for returned product shall be on the Distributor. If returned product is not received by the Company, it is the responsibility of the Distributor to trace the shipment.
If a Distributor is returning merchandise to MAXGABA INTERNATIONAL that was returned to him or her by a personal Retail Customer, the product must be received by MAXGABA INTERNATIONAL within ten (10) days from the date on which the Retail Customer returned the merchandise to the Distributor, and must be accompanied by the sales receipt the Distributor 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 Distributor may result, at MAXGABA INTERNATIONAL’s discretion, in one or more of the following corrective measures:
7.2 Grievances and Complaints
When a Distributor has a grievance or complaint with another Distributor regarding any practice or conduct in relationship to their respective MAXGABA INTERNATIONAL businesses, the complaining Distributor 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 up line 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.
7.3 Ratification Procedures
Any violation of the Rules and Regulations is a serious issue. It is likely to cause a negative impact on not only the business of the independent Distributors involved but also of others. At the same time, it may cast a dishonorable image and negative impression of the Company on the general public, media, relevant authorities, business partners, officers, shareholders, Board of Directors and agents.
The Company provides guidance and advice in rectifying any violation and, when the severity of the situation warrants it, shall take appropriate action against the Distributors involved. In the event of any violation, the following procedures shall be observed:
The Company shall send a registered letter to inform the Distributor about the suspension/ termination of his/ her Distributorship.
7.4 Prohibited Act
A Distributor shall not:
Section 8 – Ordering
8.1 Purchasing MAXGABA INTERNATIONAL Products
Each Distributor should purchase his or her products directly from MAXGABA INTERNATIONAL or his/her sponsor.
8.2 Shipping and Back Order Policy
MAXGABA INTERNATIONAL will normally ship products within 10 business days from the date on which it receives an order. MAXGABA 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 MAXGABA INTERNATIONAL receives additional inventory. MAXGABA INTERNATIONAL will notify Distributors 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 Distributor 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 MAXGABA INTERNATIONAL of any shipping discrepancy or damage within thirty (30) days of shipment will cancel a Distributor’s right to request a correction.
Section 9 – Inactivity and Cancellation
9.1 Effect of Cancellation
So long as a Distributor remains active and complies with the terms of the Distributor Agreement and these Policies and Procedures, MAXGABA INTERNATIONAL shall pay bonuses to such Distributor in accordance with the Business Plan. A Distributor’s bonuses constitute the entire consideration for the Distributor’s efforts in generating sales and all activities related to generate sales (including building a down line organization).
Following a Distributor’s non-renewal of his or her Distributor Agreement, cancellation for inactivity, or voluntary or involuntary cancellation of his or her Distributor Agreement, the former Distributor 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 Cancellation, Resignation, Termination, Death Or Incapacity
9.3 Active Distributorship
In order to remain as active MAXGABA INTERNATIONAL Distributorship, MAXGABA INTERNATIONAL Distributor is require to purchase within twelve (12) months period.