Select a policy from the list below to jump to that location.
These policies are subject to change by LifeWave at its discretion.
- Corporate Policies
- 01. LifeWave Ethics
- 02. Definitions
- 03. Application Process
- 04. Member Responsibilities
- 05. Sponsoring
- 06. Ordering Products & Sales Materials
- 07. Returns
- 08. Trade Show Policy
- 09. Advertising & Displays
- 10. Compensation & Fees
- 11. AutoShip Cancellation, Disciplinary Process, Resignation & Termination
- 12. Spam Policy
Corporate Policies and Procedures
The following is a Summary of Policies and Procedures that became effective as of 6/26/2015. LifeWave, INC. (hereafter referred to as "LifeWave").
Revision date: 6/26/2015*
*This internet version Summary of Policies and Procedures supersedes any printed summary material.
LifeWave's Policies and Procedures govern the manner in which a LifeWave Member does business with LifeWave, other LifeWave Members, and retail customers. The LifeWave Compensation Plan (the "Compensation Plan"), the LifeWave Membership Application (the "Membership Application"), and the Policies and Procedures constitute a complete contract (the "Contract") between independent LifeWave Members and LifeWave, INC. LifeWave reserves the right to change any of the Policies and Procedures at its discretion. LifeWave also reserves the right to overrule any policy or procedure at its discretion. Changes will become effective after appearance in any LifeWave publication notice or posting on our Website.
1. LIFEWAVE ETHICS
In promoting the LifeWave, Opportunity, I will not resort to any techniques or strategies that might reflect poorly on LifeWave INC.
- 1.1 I will conduct myself and my business in an ethical, legal and morally sound manner and will not engage in any deceptive or illegal practice.
- 1.2 I will treat my LifeWave business like any other enterprise and will fulfill commitments I make to my customers and fellow Independent Members.
- 1.3 I will train and encourage people that I personally sponsor to the best of my ability.
- 1.4 While conveying the income opportunity to prospects, I will not exaggerate the earning potential.
- 1.5 I will be truthful in my representation of the Products and will make no product claim that is not contained in and supported by official Company publications.
In these Policies and Procedures the following terms shall have the meanings specified below.
- 2.1 LifeWave Member: A person or other entity who joins LifeWave, fulfills all conditions, reviews and agrees to all Policies and Procedures, and whose application is accepted by the Company.
- 2.2 LifeWave Application: The online or printed application form which must be completed in order to become a LifeWave Member. This includes, but is not limited to the full review and acceptance of the company's policies and procedures.
- 2.3 LifeWave Group: The new Members and retail customers that are enrolled by a LifeWave Member.
- 2.4 LifeWave Sponsor: The person or entity (LifeWave Member) who enrolls another LifeWave Member.
- 2.5 LifeWave Membership: The position within the LifeWave Membership organization that a Member holds.
- 2.6 Sponsor Upline: The LifeWave Member organization under which a new Member enrolls, beginning with the Member's Sponsor, and continuing up through each successive Member's Sponsor.
- 2.7 Placement Upline: The LifeWave Member organization under which a new Member enrolls, beginning with the Member immediately above the new Member, regardless of who the new member's Sponsor is, and continuing up through all subsequent Members without regard to Sponsorship relationships.
- 2.8 LifeWave Distributor: This term is used interchangeably with the term "LifeWave Member" throughout the LifeWave system.
3. THE APPLICATION PROCESS
- 3.1 Application: A person may become a LifeWave, INC. Member by completing, signing and returning a Membership Application or by applying online, by hand or by phone. An application for a LifeWave Member will be accepted only for an individual, private person, partnership, proprietorship or limited company with the appropriate signature on the form. The application form must be completed fully and accurately and returned to LifeWave. The Applicants signature indicates acceptance of all Policies and Procedures. In the case of an online Application, the Applicant must check the box indicating acceptance of all Policies and Procedures. Lifewave reserves the right to disallow an application for any reason.
- 3.2 Member Status: LifeWave will consider you a wholesale customer until such time as you earn a commission under the LifeWave compensation plan. Once you earn a commission under the LifeWave compensation plan, you will be considered an Independent Distributor.
- 3.3 Territory: Acceptance of your Membership Application authorizes you to conduct business in the United States, as well as any other country identified by LifeWave through a formal announcement to LifeWave Members generally.
- 3.4 Customer ID Number: Every LifeWave Member will have a unique numerical identification number ("ID number") issued by LifeWave, INC. All individual Members in the United States must provide LifeWave with a Social Security Number of an individual or Federal Employees identification number of a corporation, partnership or trust. If you do not provide a SSN, EIN or BIN, you will be considered as non-earnable. In addition, there are Policies & Procedures specifically related to the Cash Card used by LifeWave to compensate Members/Distributors.
- 3.5 Beneficial Interests – Members may own, operate, or have equitable interest in only one LifeWave Membership. Members shall not use business entities, trusts, or other devices to avoid this policy. Spouses may jointly hold one Membership. An exception to these policies will be considered on a case-by-case basis. LifeWave holds the right to request a copy of government issued identification if one is found to be in breach of this policy.
- 3.6 Corporation & Partnership - A Corporation or partnership may be a Member. They may apply to have their checks issued in their registered corporate name upon application and submission of the appropriate documents including a valid business license or registration number. The principals or partners must disclose their name, address and Social Security Number or Federal Tax ID Number. Each principal and/or partner may not hold an interest in another LifeWave Member position. Proof of a valid business license or registration is required to add or amend company names. A company must contact the Customer Service Department with the appropriate documentation from the relevant tax authorities to register their business center in their company name.
- 3.7 Trusts: Trust applications must include a signed letter identifying the manager or trustee of the trust.
3.8 Sole Proprietors and Other Entities: Sole proprietors and Registered DBA's (i.e., Doing Business As), with distinct Tax Identification Numbers may be required to submit a signed statement or copy of ownership or other appropriate documentation and tax identification information from relevant tax authorities whereby the Sole Proprietors or Other Entities are registered.
- 3.8.1 VAT Registered Resellers: On submission of relevant tax documents, the member will become eligible for tax exemptions consistent with local law.
- 3.9 LifeWave Membership Status Changes: A LifeWave Member who wishes to change his or her status from that of an individual LifeWave Member to a participant in a corporation, partnership, or trust under the same sponsor may do so, subject to the prior written approval from LifeWave, INC.
- 3.10 LifeWave Member Marriage: If two LifeWave Members choose to marry, they may maintain their separate, independent organizations.
- 3.11 LifeWave Member Divorce: If married LifeWave Members who share a Membership obtain a divorce, LifeWave will continue to treat the Membership pursuant to the original Membership Application until such time that LifeWave receives written notice from both parties, or official court documentation, directing otherwise.
- 3.12 LifeWave Member Death: In the event of a LifeWave Member's death, the Membership may be conveyed by will or the laws of intestacy to the Member's heirs subject to LifeWave's prior approval.
- 3.13 LifeWave Membership Transfers: No LifeWave Member may delegate or assign his, her or its duties as a Member, without submitting the "Transfer of a LifeWave Business Center" form to Customer Service for consideration and approval. A government issued form of identification must also be submitted with the form. At no time may a LifeWave member transfer his, her, or its business center and simultaneously transfer into and obtain ownership of a separate business center. This would be considered re-sponsoring. If a business center is transferred, the previous owner will be considered to have effectively resigned their LifeWave position. According to Policy 11.2 Voluntary Resignation, said member must wait 6 months before rejoining in a new LifeWave position.
- 3.14 LifeWave Membership Account Changes: Account changes, such as changes in the LifeWave Membership name of record, billing address, company name or tax ID may be accomplished by submitting a Change of Name, SSN and/or Tax ID form (located in your back office under Resources) , to the Customer Service Department. Addition of Company information must be supported by the proof of a valid business license or registration.
- 3.15 Legal Age: LifeWave Member applicants must be of legal age in the jurisdiction of the applicant's residence.
- 3.16 Inaccurate information: If a LifeWave Member provides on an application, transfer or move request any Personal or Company information or identification that is inaccurate or a false representation, the LifeWave Membership may be terminated by LifeWave.
4. LIFEWAVE MEMBER RESPONSIBILITIES
- 4.1 General: A LifeWave Member must comply with the LifeWave Code of Ethics, the Policies and Procedures, the Membership Application, the Compensation Plan, all contractual obligations, and state, federal and other applicable laws.
- 4.2 Independent Contractor Status: A LifeWave Member is an independent contractor and is responsible for his or her own business expenses, decisions, and actions.
- A LifeWave Member shall not represent himself or herself as an agent, employee, partner, or joint venture partner with the company. A Distributor shall not make purchases or enter into any transactions in the Company's name.
- A LifeWave Member work hours, business expenditures, and business plans are not dictated by the company. A LifeWave Member shall make no printed or verbal representations which state or imply otherwise.
- A LifeWave Member is fully responsible for all of his or her verbal and/ or written statements made regarding the products, services and the Compensation Plan which are not expressly contained in official Company materials and the LifeWave Member agrees to indemnify the company against any claims, damages, or other expenses, including attorneys' fees, arising from any representations or actions made by the LifeWave Member that are outside the scope of the contract. The provisions of this section survive the termination of the contract.
- 4.3 Contacting Medical Facilities and Personnel: LifeWave Members MAY NOT contact, solicit, or in any way attempt to sell LifeWave products to, hospitals, medical clinics, or to the doctors who staff these facilities. Contacting such facilities or the medical professionals on staff will create very damaging circumstances that will affect LifeWave companies in a negative way. Because of this potential damage, LifeWave is taking the firm position that any Member who violates this policy is subject to immediate termination of their LifeWave Membership.
- 4.4 Unfair Competition, "Cross-Sponsoring", and "Down line Raiding": A LifeWave Member shall not sponsor or solicit another LifeWave Member into any other network-marketing or direct-selling company, with the exception of those individuals the LifeWave Member has personally sponsored and placed on the LifeWave Member's down line in the Compensation Plan. This activity constitutes grounds for termination. Furthermore, a Member may not attempt to persuade other Members to change Sponsors within LifeWave, INC. (i.e., "Down line Raiding"). This activity constitutes grounds for termination.
- 4.5 Product Claims: A LifeWave Member shall not make medicinal claims, therapeutic claims, or any unauthorized representation regarding LifeWave, INC. or any LifeWave products, nor shall a LifeWave Member prescribe LifeWave products as suitable for the treatment of any ailment. LifeWave products are wellness products and as such LifeWave Members are not permitted to make any statements that claim LifeWave products will diagnose, treat, cure, prevent or mitigate disease.
- 4.6 Income and Opportunity Claims: No unreasonable, misleading or other misrepresentation of earnings or potential income may be made by a LifeWave Member. Income guarantees or expectations of any kind are prohibited, as is disclosure or exhibition of actual or copies of bonus checks or similar evidence.
- 4.7 Future Growth Claims: A LifeWave Member must not imply or assert that additional products or services will be added to the products and services currently offered or that enhancements to the Compensation Plan are forthcoming or that specific countries, territories, or areas are about to be added to countries, territories, or areas of LifeWave operation unless, or until, that fact has been officially announced by LifeWave, INC.
- 4.8 Governmental Endorsement Claims: A LifeWave Member shall not represent that the LifeWave Compensation Plan or that any of its products have been approved, sponsored, or endorsed by any governmental agency.
- 4.9 International Sales: A LifeWave Member may not sell any LifeWave products in countries, territories, or areas where the sale of such products is not authorized by LifeWave, INC. A LifeWave Member may purchase products exclusive to a particular market, while in that market, but may not resell these products in another market.
- 4.10 LifeWave Membership Termination: A LifeWave Member who does not purchase a minimum of 55 PV of product for a period of twelve (12) months will automatically have the LifeWave Membership terminated by LifeWave.
- 4.11 Reporting Unethical Behavior: While complaints should generally be directed to and through the LifeWave Member's Upline Sponsors, a LifeWave Member who has a specific complaint about another LifeWave Member, or is aware of any violation of these Policies and Procedures by another LifeWave Member, should direct such complaint in writing or by email to the LifeWave Customer Service Department in order to minimize the negative aspects accompanying such complaints. Included in the complaint should be, the Member who is in breach, a written description of the breach, as well as documentation to support, if available, such as an email sent by the member.
- 4.12 No Waiver of Policy Enforcement: The failure of LifeWave, INC. to enforce any of these Policies and Procedures with one LifeWave Member does not waive LifeWave's right to enforce any such provision(s) with that same LifeWave Member or any other LifeWave Member.
- 4.13 LifeWave Member Lists: Lists of LifeWave Members ("Lists"), whether partial or complete, and whether prepared by LifeWave Members, LifeWave, INC., or third parties, are the confidential and proprietary information of LifeWave. Lists are provided for the exclusive and limited use of the LifeWave Member to facilitate training, support, and service of the Member's down line to further the LifeWave Member's LifeWave business only.
- 5.1 Sponsoring: Sponsoring is an important part of being a LifeWave Member and carries with it many benefits and responsibilities. A LifeWave Member may act as the Sponsor for new Members if the Sponsor is in good standing with LifeWave.
- 5.2 Prospective LifeWave Member Information: A Sponsor must provide each potential LifeWave Member with a copy of the most current Policies and Procedures prior to, or when giving to such person a LifeWave Membership Application form. If the prospective New Member is enrolling online, he/she must check the box indicating acceptance of all Policies & Procedures. They may download and print a copy of these Policies & Procedures in the online process.
- 5.3 LifeWave Down line Placement: A LifeWave Member may only place a personally sponsored person in his, her or its LifeWave down lines under his, her or its Financial Centers. Placing people in other lines, including "cross lines" is not allowed.
- 5.4 Change of Sponsorship: The changing of sponsors and placements is generally not allowed. Once a LifeWave Member is sponsored, LifeWave believes in protecting that relationship, except in the case of a LifeWave Member using unethical means to sponsor someone, or in the case of an honest mistake in placement. A change of sponsor may also be granted if the request of a transfer represents an extraordinary circumstance or has been caused by any failure of a sponsor to act according to LifeWave's policies and ethics. When a change of sponsorship has been reviewed and approved by Customer Service, it may then be completed only upon LifeWave's receipt of a signed Change of Sponsor approval form from the current sponsor, the next 2 uplines through line of sponsorship, and the new sponsor. A charge of $50 (or then current fee) applies to the completion of this request.
- In case of a mistake in placement, the change must be requested and executed within five (5) business days of the original date of enrollment. If a request of placement change is received after the first five days of the enrolment, it will be subject to review by LifeWave. A charge of $50 (or then current fee) applies to the completion of this request. To make this change, the member must submit a a Move Business Center form. Once the complete Move Business Center form has been submitted, the member agrees to the processing fee where applicable. LifeWave will not process any such change without all required signatures.
- In addition, the Member whose position is to be moved must not have sponsored anyone in the intervening time or have a distributor under their position . Any changes made, for any reason, are made in the sole discretion of LifeWave, INC. A change in sponsorship can occur if the Member resigns their membership, and waits the required six months to re-sponsor. See 11.2 Voluntary Resignation.
- 5.5 Global Sponsoring: A LifeWave Member may sponsor people in his, her or its down lines from other countries where LifeWave, INC. is currently doing business.
6. ORDERING PRODUCTS & SALES MATERIALS
6.1 Ordering Guidelines:
A LifeWave Member may order products pursuant to the following guidelines:
- 6.1.1 Product orders will generally be shipped within two to three (2 - 3) business days.
- 6.1.2 Upon receipt of a product shipment, LifeWave Members should immediately inspect shipments to determine whether orders are complete and in sellable condition.
- 6.1.3 If an item is found to be out-of-stock during processing, the item will be placed in "Backorder" status and shipped to you when it becomes available at no extra cost. Please contact U.S LifeWave Customer Support at 1-866-202-0065 or LifeWave Europe Customer Support at +353 91 8746 00 if you have a question regarding your order status.
- 6.1.4 Because we strive to process orders quickly it is difficult to modify an order once it has begun processing. Call Customer Service within 24 hours and we will let you know if we can comply with your request to change or cancel an order. If we are unable to comply with your request simply return any unwanted item and we will be happy to place a credit on your account that can be used towards your next purchase. LifeWave will not be responsible for the charges incurred of such a return.
- 6.1.5 In order to comply with US and International tax laws, LifeWave is obligated to collect sales tax on online orders shipped to locations in which the taxing authority requires us to do so. All taxes collected are paid to the state/country where the order was shipped. Any additional taxes or Custom's fees that are assessed to the member by local agencies are the sole responsibility of the member/customer.
- 6.1.6 LifeWave is not responsible for shipping charges incurred when the recipient is for any reason unable to accept items shipped. It is the responsibility of the member/customer initiating the order to ensure that the shipping address provided is a current, working address. Any additional shipping charges incurred as a result of a failure to comply with the above and point 6.1.4, will be the responsibility of the member.
7.1 Refund Policy
- 7.1.1 The company will repurchase on reasonable commercial terms currently marketable inventory in the possession of the Member and purchased by the Member for resale prior to the date of termination of the salesperson's business relationship with the company or its independent salespeople. For purposes of this Code, "reasonable commercial terms" shall include the repurchase of marketable inventory within twelve (12) months from the salesperson's date of purchase at not less than 90 percent of the salesperson's original net cost less appropriate set offs and legal claims, if any. For purposes of this Code, products shall not be considered "currently marketable" if returned for repurchase after the products' commercially reasonable usable or shelf life period has passed; nor shall products be considered "currently marketable" if the company clearly discloses to salespeople prior to purchase that the products are seasonal, discontinued, or special promotion products and are not subject to the repurchase obligation. Prior to returning the product the Member must request from Customer Service a "Return Merchandise Authorization" Number (RMA).
- 7.1.2 Once unused portion of product is received, LifeWave will refund a minimum of 90% of the net cost to the Member. Since orders are processed in US Dollars, refunds will be issued in US dollars as well. *Note: If there is no product left to return, LifeWave will consider the product consumed and will not issue a refund.
7.2 Return of Products - General Information Quick Summary
- 7.2.1 All returns of multiple packages of the same product must be unopened and in resalable condition, except for the one package from which the product was used. This open package must also be returned.
- 7.2.2 Lifewave has a 30 day money back guarantee. If you are unhappy with your product, LifeWave will offer a full refund (excluding shipping fees), as long as the request for refund is received by LifeWave within 30 days of the original ship date of the product to the customer or member. All packages must be returned.
- 7.2.3 All returns must be made within 1 year from the date your purchase was shipped, and must be commercially marketable per the definition above in 7.1.1.
- 7.2.4 Customer Service must issue a Return Merchandise Authorization (RMA) number prior to any return.
- 7.2.5 Returns of enrollment orders will cancel the member's business center activation, and any commissions generated by the original purchase will be withheld. Commissions generated for the members sponsor will also be withheld and deducted. Volumes generated by this return will be deducted from the entire upline.
- 7.2.6 Damaged or defective merchandise may be returned for replacement only and is subject to inspection.
- 7.2.7 Existing Distributors may return sales aids such as posters, banners, literature, CD's etc. Distributors who are cancelling their Membership and returning the Enrollment kit may also return the sales aids, etc. for a refund as they are included in the enrollment kit.
- 7.2.8 The first time a member orders a product and reports to us that they did not receive it, we will issue a replacement of the order to them. The second time the same member reports that they did not receive their package we will issue this member a refund and cancel their membership.
**Please note** International / APO / FPO addresses: Items shipped to international addresses can take a minimum of 20 ± business days to arrive. We are unable to provide tracking information for international orders unless you choose a track able ship method for your order. Credit and/or reship requests for items not delivered will not be processed or considered any time prior to 90 days from the original order date.
7.3 RMA Required:
The products being returned must be linked to a specific order placed in the LifeWave Member's business centers.
- 7.3.1 The LifeWave Member can then ship the products back to the address specified by Customer Service. Shipping costs are the responsibility of the LifeWave Member.
- 7.3.2 Packages with the proper authorizations will be processed and the LifeWave Member's refund will be issued.
7.4 Return of Initial Order:
- 7.4.1 Members who return their initial order will be refunded, if the above steps are completed and this takes place within a one-year period from the ship date, subject to the terms defined in 7.1.1.
- 7.4.2 All products must be returned unopened and in re-saleable condition in order to receive a refund.
- 7.4.3 The return of this initial order will cancel this member's business center activation.
- 7.4.4 All volume and related commissions paid on the returned order will be deducted from the applicable LifeWave Members their sponsor and the respective upline.
- 7.4.5 All product packs, including wholesale and retail packs, must be returned unopened and in saleable condition. No partial packs will be accepted. Additionally, there will be no product substitutions accepted.
- 7.5.1 All exchange requests must be made within 90 days of purchase date for unopened product. If there is a difference in the cost of product, a credit for the difference in product cost will be issued and used towards the customer's next purchase or autoship order.
- 7.5.2 With the exception of damaged or defective merchandise, all products must be returned unopened and in -saleable condition in order to receive a refund.
- 7.5.3 Once a customer has made a return from a specific order, the exchanged products may not be returned for additional exchanges or refund.
- 7.6 Refunds: We are happy to refund the cost of the product, subject to the terms defined in 7.1.1. Refunds or additional charges caused by exchange will be processed to the original credit card used at the time of purchase. If this card is no longer active, the Member must contact Customer Service to make other arrangements. Check payments will be refunded via check, which will be mailed to the LifeWave Member.
8. TRADE SHOW POLICY
8.1 Trade Show Policy / Return Goods
- 8.1.1 Products purchased for trade shows and other events are non returnable.
- 8.1.2 Distributors need to manage their inventory for such events to minimize overstocks.
- 8.1.3 The sale and BV is posted when the order is made. Due to the nature of the pay plan, returns on trade show orders are not allowed.
- 8.2 Product Orders: A LifeWave Member may order product by mail, email, or online. The LifeWave Product Order Form is required for all mail orders of products and must be fully completed and submitted to the LifeWave Corporate Office. Two or more LifeWave Members may not combine orders on the same order form.
- 8.3 Payment Options: LifeWave accepts Visa, MasterCard and Checks as payment for products.
- 8.4 Ordering Restrictions: A LifeWave Member may not submit orders in the name of another LifeWave Member. Only orders made on behalf of the LifeWave Member's own LifeWave Membership will be honored by LifeWave, INC.
- 8.5 Sales Tax: LifeWave products are subject to sales and use tax in most jurisdictions. LifeWave collects and remits sales tax in various jurisdictions. LifeWave will advise LifeWave Members that such taxes are required to be collected on their behalf.
9. ADVERTISING & PRODUCT DISPLAYS
- 9.1 Advertising: LifeWave, INC. encourages LifeWave Members to promote LifeWave's products and marketing opportunities pursuant to appropriate guidelines. Failure to follow the guidelines can result in damage to the reputation of LifeWave, INC. and its products, and can trigger undesirable publicity and possible legal action. Any advertising materials used by a LifeWave Member must prominently display the phrase, "Independent LifeWave Distributor." Additionally, when advertising all LifeWave members must advertise using the retail value of the products.
- 9.2 Self-produced Promotional Items: LifeWave, INC. discourages LifeWave Members from producing their own promotional items for their own use, and prohibits LifeWave Members from producing promotional items for resale, without express prior written approval of LifeWave Corporate.
- 9.3 Proprietary Names: A LifeWave Member may not use LifeWave's intellectual property including, but not limited to, copyrights, trademarks, logos, or trade secrets, or any distinctive slogan or phrases used by LifeWave, INC. to promote the LifeWave Members' businesses. Furthermore, a LifeWave Member may not obtain, through use or filing for a trademark or copyright application, any right, interest or title to the name, trademarks, logos, or trade secrets of LifeWave, INC. and its products.
9.4 Electronic and Mass Media Advertising: Electronic and mass media advertising are prohibited. A LifeWave Member may not advertise LifeWave, INC. or its products or services on television, cable television, radio, newspapers, email, or any other form of electronic or mass media advertising without prior written permission, which can be withheld at LifeWave's discretion.
9.4.1 Mass Communications within Revolution: An internal messaging system is available within the Revolution upgraded tools section of the back office. The intention of this tool is to enable positive and encouraging information dissemination to a LifeWave Members down line of LifeWave related information, meetings, events and sponsor guidance.
- The use of this tool is strictly forbidden to: Advertise, entice, elicit or encourage involvement in other Network Marketing, MLM, or other non-LifeWave interests.
- To misrepresent the Corporate LifeWave Entity
- To slander, abuse, harass or bully other LifeWave Members; which would be considered grounds for termination.
- Internal Messages between LifeWave Members using the Revolution tool are subject to monitor and review and should NOT be treated as a Personal Email communication tool.
- 9.4.1 Mass Communications within Revolution: An internal messaging system is available within the Revolution upgraded tools section of the back office. The intention of this tool is to enable positive and encouraging information dissemination to a LifeWave Members down line of LifeWave related information, meetings, events and sponsor guidance.
- 9.5 Telemarketing: Any Member who uses the telephone to market LifeWave products must comply with all applicable state and federal regulations for telephone marketing and solicitation, including registration as a telemarketer.
9.6 Internet/Website Usage: Although we encourage the use of our replicated websites, LifeWave Members may use the Internet to promote the LifeWave opportunity and products by creating a web page, home page, or website subject to the following requirements:
- 1. No content shall be used on any Member created website which is not expressly contained in official Company materials/website.
- 2. The use of LifeWave in the URL of a Member created website is strictly prohibited.
- 3. All Member-created websites must be corporately approved and are subject to continuing control and approval of LifeWave.
- 4. The use of online shopping carts, other than the LifeWave Member Back Office, to sell Lifewave products is strictly prohibited, as this form of selling precludes the personal contact that should be present in a networking environment.
- 9.7 Company Recordings: A LifeWave Member may not produce for sale, for personal or business use any audio, video, or other recording of LifeWave-sponsored events, teleconference calls, speeches or meetings.
- 9.8 LifeWave Member Recordings: A LifeWave Member may not, without the prior express written consent of the LifeWave Marketing Communications Department, record, make, or prepare audio or video presentations or recordings of any LifeWave event, speech, teleconference call, or meeting.
- 9.9 Media Inquiries: In order to ensure accuracy and consistency of information, a LifeWave Member who receives any inquiry from the press or other media regarding any aspect of LifeWave, its products or LifeWave Memberships should immediately refer such inquiry to the Customer Services Department at LifeWave by calling (866) 202-0065.
- 9.10 General Training Fees: A LifeWave Member may not charge for profit a fee for any general training on LifeWave products or marketing or for LifeWave Member produced training materials without the prior written consent of LifeWave Corporate.
- 9.11 Telephone Book Listing: Telephone book advertising is generally prohibited. However, a LifeWave Member may place a listing in the yellow pages in the categories of Health, Fitness, or Nutrition. Any such listing must be approved by LifeWave prior to publishing, and must contain the phrase, "Independent LifeWave Distributor."
- 9.12 Toll-Telephone Numbers: LifeWave prohibits the use of 900 numbers or any toll numbers for the purpose of marketing either the LifeWave opportunity or its products.
- 9.13 Telephone Answering: A LifeWave Member may not answer the telephone in any manner that would give callers a reason to believe that they have reached the corporate offices of or an office of LifeWave.
- 9.14 Revised Company Literature: A LifeWave Member is responsible for notifying the LifeWave Member's down line organization of new LifeWave information. New LifeWave policies, forms and literature replace old policies, forms, and literature.
- 9.15 Service and Retail Establishment Displays: Although we allow the retail sale of products, a LifeWave Member may not sell LifeWave products in Retail establishments without express written prior consent from LifeWave.
- 9.16 Fairs and Special Events: LifeWave Members may promote LifeWave products at fairs and trade shows. However, LifeWave products may not be promoted or displayed with any other products that are sold via network marketing.
- 9.17 E-commerce: LifeWave Members may not sell LifeWave products on any internet auction site or mass retail site such as Amazon, EBay or any other similar sites. LifeWave member who use this form of selling are deemed to have an unfair competitive advantage. LifeWave members may not supply LifeWave products to any 3rd party individuals who knowingly intend to place the product on any mass retail site. Such behavior constitutes grounds for termination.
10. COMPENSATION & FEES
- 10.1 LifeWave Member Compensation & Fees: A LifeWave Member is compensated pursuant to the LifeWave Compensation Plan applicable to the country of residence of the individuals owning the LifeWave Membership, as more fully set forth in Appendix A to these Policies and Procedures below. The policies outlined in the LifeWave Compensation Plan brochure (or on LifeWave's website) are the guidelines for payment of earnings under the Compensation Plan and the fees charged to LifeWave Members. The "LifeWave Compensation Plan" is a part of these Policies & Procedures. Acceptance of all Policies & Procedures, including those in the LifeWave Compensation Plan is required of all LifeWave Members.
10.2 Qualification: A LifeWave Member is wholly responsible for meeting the LifeWave Member's qualification requirements. LifeWave, INC. will not guarantee compensation amounts for any LifeWave Member. Qualifying members must meet three simple requirements to earn. They are as follows:
- 1. You must be "Active," meaning you must have purchased LifeWave products with a minimum value of 55 PV in a 5-week pay period;
- 2. You must meet the downline active requirement, which states that each Member in your downline who helps to qualify you for bonuses and/or commission must also maintain Active status; and
- 3. You need a total of 990BV to cycle. (330 on your profit leg and 660 on your power leg).
- 10.3 Downline Active Status requirement: This requirement states that each Distributor in your downline who helps to qualify you for bonuses and/or commissions must also maintain Active status. As an example, if you are a Silver Distributor, to qualify for 1st Level Matching Bonuses (in addition to the other qualifications) you must have sponsored at least 2 Silver or Gold Distributors Left, and at least 2 Silver or Gold Distributors Right. This qualification requires that each of these 4 Distributors who are helping to qualify you for 1st Level Matching Bonuses must be Active—i.e., must purchase a minimum of 55 PV each month.
- 10.4 Earnings Guarantees: A LifeWave Member is neither guaranteed a specific income nor assured any level of sales, profit, or success. All earnings are determined by the effort you put forth and the results you achieve.
- 10.5 Commission Period: The commission week begins at 00:00:01 (1 second past Midnight) on each Monday morning, and ends at 24:00:00 (Midnight) the following Sunday night. These times are Eastern Time.
- 10.6 Payment of Bonuses/Commissions: Commissions are paid weekly. Commissions earned in any Commission Week (as defined in Section 10.5 above) are subsequently paid on the second Tuesday following the end of the commission week in which they were earned. For example, if a commission week ended on Sunday night the 10th of a month, then the commissions would be paid on the third Tuesday following, which would be on the 19th of that month. Commissions earned in the week are paid on or about 9 days following the end of the commission week.
- 10.7 Debiting of Bonus Payments: LifeWave, INC. reserves the right to debit or place a hold on a LifeWave Member's bonus payment for any amount the LifeWave Member owes LifeWave, INC.
10.8 Service Fees: Although LifeWave, INC. provides most LifeWave Member services to LifeWave Members free of charge, from time to time a LifeWave Member will request or require services that warrant additional time and expense to research or address. LifeWave may charge a reasonable fee for such extra work, and will advise the Member prior to doing the work or charging the fee.
- 10.8.1 In lieu of charging a monthly Account Management fee, commissions that are unclaimed within two years will be forfeited by the member.
11. LIFEWAVE MEMBER CANCELLATION OF AUTOSHIP, MEMBERSHIP, DISCIPLINARY PROCESS, RESIGNATION AND TERMINATION
- 11.1 Cancellation Notification: Notification of Cancellation of LifeWave memberships must be made in writing. Sending an email or leaving a voice message with Customer Service does not consist of notification. You may fax in your request for cancellation to Customer Service or mail to LifeWave, INC. All Autoship/recurring order cancellations must be completed within 48 hrs of the expected ship date to ensure that your voluntary order will not be shipped.
- 11.2 Voluntary Resignation: A LifeWave Member may, at any time, voluntarily resign by submitting to LifeWave, INC. a resignation letter signed by all individuals and entities on the LifeWave Membership listing the individuals and entities names and tax ID numbers or social security numbers. If a Lifewave member resigns all future commission earnings for that Member ID is forfeited. Resigned Members, may not re-enroll under a new sponsor for six months after their effective termination date. Should this occur, the second LifeWave Membership may be reviewed and if considered as down line raiding, cross sponsorship or unfair completion as in section 4.3.this membership may be then be terminated by LifeWave.
- 11.3 Involuntary Termination: If necessary, a LifeWave Member may be terminated by LifeWave, INC. for cause. LifeWave has the right to take quick and decisive action in limiting or terminating a LifeWave Membership that is found in violation of the Policies and Procedures, the LifeWave Member Application, rules governing the Compensation Plan or any state or federal laws, statutes, and/or regulations that pertain to the business of LifeWave, INC. If a LifeWave member is terminated for cause all future commission earnings for that Member ID is forfeited. Members terminated for cause may not hold a beneficial interest in any other distributorship or re-enroll without special review and approval by LifeWave.
- 11.4 Disciplinary Process: Failure to abide by the Policies and Procedures will lead to appropriate disciplinary action. After a disciplinary action is complete, LifeWave, INC. may announce details of such disciplinary action.
- 11.5 Notification of Termination: When a decision is made to terminate a LifeWave Member for cause, LifeWave, INC. will send notification by mail to the terminated LifeWave Member at the most recent address on file at the Corporate Office. Upon receipt of notice from LifeWave, INC., the LifeWave Member must immediately cease all LifeWave Member activities and remove any applicable web site advertising, if possible.
- 11.6 Appeal of Termination: If a LifeWave Member wishes to appeal a termination, LifeWave, INC. must receive the written appeal within the time period specified in the termination letter.
- 11.7 Effect of Termination: Whether a LifeWave Membership is terminated through voluntary resignation or through involuntary termination by LifeWave, INC., that LifeWave Membership is no longer entitled to sell LifeWave products or to Sponsor other prospective LifeWave Members.
- 11.8 Litigation: Any litigation regarding the agreements between LifeWave Members and LifeWave, INC. shall be undertaken in the State Court of Gwinnett County, Georgia, or the Atlanta U.S. Federal District Court. These policies and all agreements between LifeWave, INC. and LifeWave Members shall be governed by the laws of the State of Georgia, and are binding on successors and assigns of both parties.
- 11.9 Cancellation Clause, Puerto Rico A Distributor in Puerto Rico may cancel at any time and for any reason during the first 90 days after signing, and/or at any time upon showing that LifeWave, INC is in noncompliance with any of the essential obligations of the distribution agreement or any act or omission by LifeWave INC affecting adversely the interests of the distributor in the development of the market and service. Notice of cancellation must be in writing and must be sent by registered mail. Distributors who are residents of Puerto Rico must send notice of cancellation by registered mail to LifeWave, INC Customer Support, 3211 Shawnee Industry Way, Shuwanee, GA 30024. At time of cancellation, LifeWave INC will Reacquire the total of products that are in the possession of the Distributor and that are in good condition for not less than ninety percent (90%) of their original net cost. Original net cost is assumed to be the original cost to the Distributor. LifeWave INC will return to the Distributor not less than ninety percent (90%) of any sum paid by him for the purpose of participating in the business.
- 11.10 Organization Changes Post Termination: Where the company elects to terminate a LifeWave Member for cause, LifeWave reserves the right to re-organize the distributor's downline in a manner that serves the best interests of the company, downline organization and upline.
12. LifeWave SPAM POLICY
- 12.1 FTC Compliance: Member/Distributor agrees to fully comply with the United States FTC Act and any related rules, regulations and advisory opinions issued by the FTC. Member/Distributor agrees to avoid unfair or deceptive advertising and, in particular with the FTC Act, Member/Distributor agrees to be in compliance with the FTC Act with regard to any representations and disclosures. Failure to comply may result in Member Termination.
- 12.2 Legal Advice: Member/Distributor agrees that LifeWave, INC. has not provided any legal advice in the past or by way of this Agreement and represents to LifeWave, INC. that it will seek legal counsel from any attorney of its own selection to advise it on all legal issues related to this Agreement.
- 12.3 General Compliance: Member/Distributor agrees that it is its responsibility to and it will comply with all laws, rules and regulations that apply to Member/Distributor's business, not just the FTC rules discussed herein. Member/Distributor agrees that it will review the FTC website and will consult with its own attorney regarding any questions related to the FTC rules or other laws, rules and regulations. As an example of the FTC rules, Member/Distributor agrees that any and all use of the word "free" must comply with said rules and regulations as embodied in the FTC Guide concerning use of the word "free" and similar representations, a copy of which may be found at: www.ftc.gov/bcp/guides/free.htm Failure to comply may result in Member Termination.
- 12.4 Unsolicited Commercial Bulk E-Mail: Member/Distributor agrees not to use any of LifeWave, INC.'s services, directly or indirectly, to solicit the performance of any activity that is prohibited by law or for the illegal distribution of Unsolicited Commercial Bulk E-Mail ("UCBE"), commonly known as "SPAM," nor will Member/Distributor forge or use without authorization, any mail header information. Member/Distributor agrees and understands that several states and the federal government have proposed and/or passed legislation into law to control UCBE. Failure to comply may result in Member Termination.