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You can download it here....NUALO, LLC (hereafter referred to as "NUALO" or the "Company") has committed to providing the finest Peer-to-Peer social marketing experience. We back that commitment with exemplary service to all members of our unique, Peer-to-Peer Community, be they Free Members, Customers, Influencers, Qualified Influencers, or Brand Partners (all of which are hereafter referred to as "Community Member(s)", "User(s)", or "Member(s)"). The company's business model is thoroughly purpose driven; and NUALO requires all Members to reflect that image and purpose in their relationships with all Users, the general public and governmental authorities.
As a Member of the NUALO Community, you must operate according to the highest standards of integrity, ethics, fair practises and good faith standards.
Failure to comply with NUALO’s Code of Ethics, as given below (and as may be amended from time-to-time at nualo.com), may result, at NUALO’s sole discretion, in administrative action, including but not limited to your account (1) being placed on probation; (2) reverting to a non-Participant user type; or (3) your termination as a NUALO Community Member.
The NUALO Code of Ethics
As a NUALO Community Member, I will:
Conduct myself in an honest, professional, moral, ethical and legal manner at all times.
Make no representations about the income benefits of being a Community Member with NUALO; nor the benefits of the products sold by Brand Partners through the NUALO platform except as they may be represented in officially approved Company literature.
Provide support and encouragement to my Peer-Team (all Community Members within my spheres of Influence) and any other Member’s with whom I have contact to ensure that their experience with NUALO is positive and successful.
Motivate and actively work with Community Members in my Peer-Team to assist them in maximizing their NUALO experience. I understand that this support is critical to each Community Member's success at NUALO.
Refrain from making income claims, exaggerating my personal income or any income potential in general; and will stress to all potential Influencers the amount of effort and commitment required to succeed as an Influencer within the NUALO Community.
Understand NUALO has a zero-tolerance policy for disparagement, bullying, and racism, or other descrimination of any kind.
Not (a) make disparaging remarks about other products, services, Community Members/participants, or companies; likewise; (b) willfully denigrate the activities or personalities of fellow NUALO Community Members; (c) make any payment(s) to, or otherwise promise to pay, any prospective, current or past or existing Community Member in return for such Community Member creating an account, continued participation, and/or team building or recruiting activities at NUALO.
Abide by all of the Policies and Procedures of NUALO as included herein, or as may be amended from time to time.
– Policies and Rewards Plan as Incorporated into the Community Member Agreement
These Policies and Procedures, in their present form (and as amended at the sole discretion of NUALO), are incorporated into (and form an integral part of) the NUALO Community Member Agreement. Throughout these Policies and Procedures, when the term "Agreement" is used, it collectively refers to the NUALO Community Member Application and Agreement Form, these Policies and Procedures, the NUALO Rewards Plan, website terms and conditions, the NUALO International Shipping Policy and other terms and conditions as may be required by the Company from time to time. These documents are incorporated by reference into the NUALO Community Member Agreement (all in their current form and as may be amended by NUALO).
NUALO is a Peer-to-Peer social marketing company that markets products through Independent Community Members. Independent Community Members have the opportunity to receive commissions and other rewards by promoting products and services available on the NUALO platform (see the NUALO Rewards Plan). It is important to understand that your success and the success of your fellow Community Members depends on the integrity of those who market our services. To clearly define the relationship that exists between Community Members and NUALO, and to explicitly set a standard for acceptable conduct as NUALO has established in this Agreement.
NUALO Community Members are required to comply with all provisions set forth in this Agreement, which NUALO may amend at its sole discretion from time to time. Members must at all times comply with any applicable laws and regulations governing their conduct and/or participation in NUALO, including, but not necessarily limited to (1) all US federal, state and local laws; (2) The laws and regulations of a ship-to country destination outside of the United States; and (3) other international rules, laws, policies, standards and regulations as they may apply. Because you may be unfamiliar with many of these standards of practice, it is especially important that you read and abide by the Agreement. All members must acquaint themselves with all laws and regulations that may affect their participation; and shall review the information in this document carefully. It explains and governs the relationship between you, as an independent contractor, and the Company. If you have any questions regarding any policy or rule, do not hesitate to seek an answer from the NUALO corporate office.
Because laws and the business environment periodically change, NUALO reserves the right to amend the Agreement, products offered, the Rewards Plan, and product prices at the Company's sole and absolute discretion. By signing the Community Member Agreement, a Community Member agrees to abide by all amendments or modifications that NUALO elects to make.
Amendments shall be effective immediately after publication. The Company shall provide or make available to all Community Members a complete copy of the amended provisions by one or more of the following methods: (a) posting on the Company's official website; (b) electronic mail (email); (c) inclusion in Company periodicals; (d) inclusion with commissions or bonus checks; or (e) special mailings.
NUALO 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 or where a Member has otherwise violated any section of this agreement. This includes, without limitation, strikes, labor difficulties, riot, war, pandemics, fire, death, curtailment of a party's source of supply, government decrees or orders, the activities of customs authorities and acts of God.
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 NUALO to exercise any right or power under the Agreement or to insist upon strict compliance by a Community 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 NUALO's right to demand exact compliance with the Agreement. Waiver by NUALO can be affected only in writing by an authorized officer of the Company. NUALO's waiver of any particular breach by a Community Member shall not affect or impair NUALO's rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other Community Member. Nor shall any delay or omission by NUALO to exercise any right arising from a breach affect or impair NUALO's rights as to that or any subsequent breach. The existence of any claim or cause of action of a Community Member against NUALO shall not constitute a defense to NUALO's enforcement of any term or provision of the Agreement.
– Requirements to Become a Community Member
To become a NUALO Community Member, each applicant must:
Receive an invitation to participate as a Community Member after first referring 3 Users who each purchase an order with an XP of 40 or more.
Be at least 18 years of age
Reside in the 50 United States or other jurisdictions where the Company has established legal operations and officially designated as ‘open’.
Qualify for US Internal Revenue Tax treatment, specifically: (1) have a valid US Social Security Number; (2) possess a valid US TIN (Tax Identification Number) number; or (3) meet the requirements for special, non-US resident tax treatment as outlined under IRS form W8-BEN requirements.
Submit an accepted NUALO Community Member Application and Agreement
Provide all documentation as may be requested by NUALO
Complete the Know Your Customer (aka “KYC”) process
The Company reserves the right to reject any applications to become a new Community Member, irrespective of reason or cause. No product purchase is required--or should be represented by and Member as required--to (1) become a new Community Member; (2) qualify to earn any commission, bonus or override; or (3) remain qualified) to earn any commission, bonus or override.
Once the Community Member Application and Agreement have been accepted by NUALO, the following privileges are extended to the new Community Member:
The ability to market NUALO Brand Partner Boutiques and their products or services
The opportunity to participate in the any applicable reward available to Community Members within the NUALO Rewards Plan (i.e., receive rewards, commissions, bonuses and overrides, if eligible)
The capacity to continue referring others to become Free Members at NUALO
Receive periodic NUALO literature and other NUALO communications
Participate in NUALO sponsored support, service, training, motivational and recognition functions, upon payment of appropriate charges, if applicable; and
Participate in other promotional incentives and programs sponsored by NUALO for its Community Members
– Adherence to the NUALO Rewards Plan
Community Members must adhere to the terms of the NUALO Rewards Plan as set forth in official NUALO literature. Community Members shall not refer others to NUALO through, or in combination with, any other system, program or method of marketing other than as specifically set forth in official NUALO literature. Community Members shall not require or encourage other current or prospective Community Members to participate in NUALO in any manner that varies from the program as set forth in official NUALO literature. Community Members shall not require or encourage other current or prospective Community Members to execute any agreement or contract other than official NUALO agreements and contracts in order to become a NUALO Community Member. Similarly, Community Members shall not require or encourage other current or prospective Community Members to make any purchase from (or payment to) any individual or other entity to participate in NUALO.
A Partnership, LLC or Corporation may become a Community Member. Where a Community Member elects, upon invitation from NUALO, to participate as an Influencer they must complete the KYC process by providing (to the Company) a Federal tax ID number or (where applicable) a completed W8-BEN. Proof of incorporation validating a business entity’s existence must be submitted to NUALO via the Community Hub within 30 days of matriculation. An individual may not participate in or have any beneficial interest in more than one (1) Community Member Account of any kind. The person completing the KYC on behalf of a business entity must have the authority of said entity for entering into the transaction. In addition, by signing for a business entity, you certify that no person with an interest of debt or equity in that entity has had an interest in another Community Member account with NUALO.
– General
Each Community Member must immediately notify NUALO of all changes to the information contained in his or her Community Member Application and Agreement. Community Members may modify their existing Community Member Agreement Form by submitting a written request and the appropriate supporting documentation.
Maintaining the integrity of the Peer-to-Peer community structure is critical for the success of every Community Member. To protect the integrity of the Peer-to-Peer Community and safeguard the hard work of all Community Members, changes to the relationship(s) between and among Peers is not permitted, except where:
A new member requests a change in Peer-Relationship within 3 business days of account creation
A completed Peer-Relationship change form has been submitted to NUALO via the requesting Member’s Community Hub, reviewed by the community Advisory Board and accepted by the Company.
A governing US legal authority mandates a change as part of a judgement or legal settlement; or, as allowed by US law, where the legal authorities of another country has issued a similar mandate.
– Indemnification
All NUALO Community Members are fully responsible for their own respective verbal and written statements made regarding NUALO’s Brand Partner products, services and the NUALO Reward Plan that are not expressly contained in official NUALO materials. Community Members agree to indemnify NUALO and NUALO'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 NUALO as a result of the Community Member's unauthorized representations or actions. This provision shall survive the termination of the Community Member Agreement.
In their enthusiasm to invite new prospective Community Members, some Community Members are occasionally tempted to make health claims or income claims or earnings representations to demonstrate the strength of social marketing. This is counterproductive because new Community Members may become disappointed very quickly if their results are not as extensive or as rapid as the results others have achieved.
Moreover, the Federal Trade Commission and the States have laws or regulations that regulate or even prohibit certain types of income and health claims and testimonials made by persons engaged in social marketing. While Community Members may believe it is beneficial to provide copies of checks, or to disclose their earnings or others, such approaches have legal consequences that can negatively impact NUALO as well as the Community Member making the claim unless appropriate disclosures required by law are also made contemporaneously with the income claim or earnings representation. Because Community Members do not have the data necessary to comply with the legal requirements for making income claims, a Community Member may NOT make income projections, income claims or disclose his or her NUALO income including, but not limited to, the showing of checks, copies of checks, bank statements or tax records.
Community Members may not make any claim regarding the amount of time required to reach a specific Reward levels or (if a Member becomes an Influencer) any Community Commissions, Bonuses, or Overrides without prior written approval from the Company. This includes, but is not limited to, postings of Score advancements showing monetary bonuses or rewards attached on social media pages that include personal pages, or in groups.
Please refer to the “NUALO FTC Guidelines for Community Members on Social Media” support literature in your back office for additional information.
When promoting the products and the tremendous opportunity NUALO offers, Community Members must use only those sales tools and support materials produced by NUALO. The Company has carefully designed its platform, the Rewards Plan and other NUALO promotional materials; as well as reviewed the marketing material, along with any products and product labels sold through the NUALO platform; to ensure that they are promoted in a fair, truthful manner; that they are substantiated, and the material complies with the legal requirements of federal and state laws. Accordingly, Community Members must not produce their own literature, advertisements, sales tools, promotional materials, Internet Web pages, blogs, and/or social media pages. We look forward to working with the NUALO Community to ensure that they have the necessary marketing materials for the proper promotion of NUALO and it’s Brand Partner’s offerings. Please reach out to NUALO via your Community Hub to suggest and submit for consideration marketing materials that NUALO should add to the Community Hub for all Members to use.
When promoting NUALO products, Community Members shall not make any verbal or written statement regarding the use or potential use of NUALO offered products for any illegal purpose. This includes, but is not limited to: (a) statements regarding knowledge of the illegal use, distribution or promotion of NUALO’s Brand Partner products by the Community Member or any third party; (b) the compatibility of NUALO products with any other product known to be used for illegal purposes; or (c) the potential compatibility of NUALO products with any other product, known or unknown, that would facilitate any practice prohibited by US law and/or the laws or regulations of any other country which the Member may visit, reside or request the delivery of product. Community Members shall indemnify NUALO and NUALO'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 NUALO as a result of any such statements made by the Community Member.
No claims may be made (including those made in personal testimonials) as to therapeutic, curative, or beneficial properties of any products offered through the NUALO platform. A Community Member may not make any prescriptive, disease, medicinal, or therapeutic claims for any product available through the NUALO platform or specifically prescribe product(s) available through the NUALO platform as suitable for the treatment of any ailment.
Community Members should not state or imply that any Product is registered or approved by the United States Food and Drug Administration (“FDA”) or any other regulatory authority in any country, except as may be publicly represented by NUALO or its Brand Partner(s). Unless otherwise specified by the Company, all purchases are completed in the United States and fall under the jurisdiction of US law and agency authorities. The US Food and Drug Administration (FDA), for example, does not require or grant specific approval for the Cosmetic or Nutritional Products sold through the NUALO platform. When making a product benefit claim, or giving personal testimonials regarding a Nutritional Products that is a “structure/function” claim, that claim or testimonial must always be accompanied by the following disclaimer in clear and evident language and/or writing:
“These statements have not been evaluated by the U.S. Food and Drug Administration or any other local authority. This product is not intended to diagnose, treat, cure, or prevent any disease.”
Structure/function claims describe the role of a nutrient or dietary ingredient intended to affect normal structure or function in humans (i.e.,“calcium builds strong bones”). These claims need not be pre-approved by the US FDA; however, they must be truthful and not misleading.
No representation or sales offers may be made relating to NUALO product(s) that is not accurate or truthful as to grade, quality, performance, and availability. Appropriate product
information is contained in authorized NUALO literature and is subject to periodic review and revision by NUALO. It is the Community Member’s responsibility to obtain and use only current literature and materials. All product representations made by a Community Member must be the same as those found in current NUALO literature.
Community Members are explicitly prohibited from diagnosing any medical condition or prescribing or suggesting any product offered through the NUALO platform as a form of treatment for any disease or condition. Additionally, testimonials in literature and websites must not contain any reference to cures, healings, miraculous recoveries and/or the suggestion to cease taking any physician prescribed medications; nor may they state or infer that all people will have the same experience(s) with that product.
All product claims, irrespective of how or where they may be presented, must be accompanied by a disclaimer acceptable to NUALO, stating that the comments are displayed (or otherwise communicated) “for information purposes only, and have not been evaluated by the Food and Drug Administration and therefore are not intended to diagnose, treat, cure or prevent any disease as indicated above”. NUALO believes in embracing health, however NUALO and it’s Brand Partners do not purport to offer products via the NUALO platform that fight, limit or cure any disease or other medical condition. Not only do such claims violate NUALO policies, but they potentially violate Federal and local laws and regulations, including the Federal Food, Drug and Cosmetic Act and Federal Trade Commission Act.
If an interested person, Customer or Community Member suffers from a medical condition, the Company recommends they speak with a medical professional prior to making any nutritional or dietary changes in their lives.
Please refer to the “NUALO FTC Guidelines for Community Members on Social Media” support literature in your back office for additional information.
A Community Member may not modify any packaging, labels, literature or instructions for use for any Product. You may not give instructions to use a Product in any way not described in the Company’s current approved literature or as prescribed on the label. Any such modifications or instructions by you may result in your personal liability and may result in administrative action.
– Competition Policy
NUALO Community Members are free to participate in other social-selling, or network marketing business ventures or marketing opportunities (collectively "social marketing").
Peer-Team Activity Reports made available for Community Member access and viewing through a NUALO Member’s Community Hub are considered confidential. Community Member access to their Peer-Team Activity Reports is password protected. All Peer-Team Activity Reports and the information contained therein are confidential and constitute proprietary information and business trade secrets belonging to NUALO. Peer-Team Activity Reports are provided to Community Members in the strictest of confidence and are made available to Community Members for the sole purpose of assisting Community Members in working with their respective Peer-Team Organizations in the development of their NUALO business. Community Members should use their Peer-Team Activity Reports to assist, motivate and train their Peer-Team Community Members. Both the Community Member and NUALO agree that, except as may be provided by the confidentiality and nondisclosure terms of this agreement, NUALO shall not provide Peer-Team Activity Reports to the Community Member Community In addition, a Member shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity: (a) directly or indirectly disclose the password or other access code to his or her Peer-Team Activity Report; or (b) recruit or solicit any Community Member or Customer of NUALO listed on any report or in any manner attempt to influence or induce any Community Member or customer of NUALO to alter their relationship with NUALO.
Actual or attempted Cross-Line-Inviting is strictly prohibited. "Cross-Line-Inviting" is defined as the new-account-creation of an individual or entity that is already a current Community Member of NUALO, or who has ever had such an agreement, within a different Peer-Team. The use of a spouse or relative's name, a straw man, trade names, assumed names or fictitious ID numbers to circumvent this policy is prohibited. Community Members shall not demean, discredit or defame other NUALO Community Members in an attempt to entice another Community Member to become part of the first Community Member's marketing organization. If a prohibited organization transfer occurs, NUALO shall take disciplinary action against the Community Member(s) who engaged, acquiesced, and/or knowingly participated in the improper Cross-Line-Inviting. However, it shall be entirely within NUALO’s discretion where in the entire NUALO Peer-Organization structure, the cross-line-invited organization in question shall be placed or otherwise distributed.Because equities favoring more than one Peer-Support organization may exist in rare instances, Community Members waive any and all claims and causes of action against the company for its decision(s) regarding the final disposition or placement of a cross-line-invited organization.
"Peer-Support" shall mean the organization of Community Members registered and organizationally above any Community Member.
If a Community Member has questions about or believes an error may have been made regarding rewards, rewards, commissions bonuses, overrides, Peer-Team Activity Reports, or charges, the Community Member must notify the NUALO Customer Xperiance Team by submitting a support ticket within their Community Hub within 15 days of the date of the purported error or incident in question. NUALO will not be responsible for any errors, omissions or problems not reported to the Company within 15 days.
Community Members are not required to purchase or carry sales aids. Community Members who do so must make their own decisions regarding the accuracy and use of such materials . In no circumstance or situation, except as may be explicitly provided in writing by NUALO, shall the NUALO name be used on any marketing materials, including any social media platforms (i.e., Facebook, Twitter or Instagram).
No country, federal or state regulatory agency, authority or official has approved or endorsed NUALO’s social-selling program. Therefore, Community Members shall not represent or imply that NUALO or its Rewards Plan have been "approved," "endorsed" or otherwise sanctioned by any government agency.
Community Members must not manipulate the creation of the account of new Community Members or in any form, use false names, duplicate forms of email addresses, fake or sudo or testing email addresses, false identification numbers or generate false orders.
All Community Members are required to provide to NUALO (on the Influencer Upgrade KYC form) their (1) their US Social Security Number; (2) Federal Tax Identification Number; or (3) other forms and types of identification as may be required by the company. During account creation , all Members will select a unique Community Member Invite-Code by which they will be identified. This code will be used to place orders and track rewards, commissions, bonuses and overrides.
Each Community Member is responsible for paying all income taxes (i.e., US local, state and federal taxes and/or other income taxes levied in that Member’s Country of Residence) on all income generated as a Community Member. Every year, NUALO will provide IRS Form 1099 (non– employee compensation) earnings statements to each U.S. resident who (a) had earnings of over$600 in the previous calendar year or (b) made purchases during the previous calendar year in excess of $5,000. As allowed by law, the Company may provide 1099 or other earnings declarations for non-US resident Users.
NUALO Community Members who upgrade to become Influencers are independent contractors; and not purchasers of a franchise or a business opportunity. The agreement between NUALO and any of its Community Members does not create an employer/employee relationship, agency, partnership or joint venture between the Company and the Community Member. Community Members shall not be treated as an employee for their services or for federal or state tax purposes. All Community Members are responsible for paying local, state and federal taxes due from all compensation earned as a Community Member of the Company. The Community Member has no authority (expressed or implied) to bind the Company to any obligation. Each Community Member shall establish their own goals, hours, and methods of sale and marketing, so long as they comply with the terms of the Community Member Agreement Form, and these Policies and Procedures, and applicable laws.
The name NUALO and other names as may be associated or adopted by NUALO are proprietary trade names, trademarks and service marks of NUALO. As such, these marks are of great value to NUALO and are supplied to Community Members for their use only in an expressly authorized manner. Use of the NUALO names on any item not produced by the Company is prohibited.
Community Members may NOT list themselves as an "Independent NUALO Member" in the residential telephone directory ("white pages") under their own name. Community Members may not place telephone directory display ads in the classified directory ("Yellow Pages") using NUALO’s name or logo.
Community Members may not answer the telephone by saying "NUALO" in any other manner that would lead the caller to believe that he or she has reached the corporate offices of the Company.
Advertising is not limited to print media; it also includes internet advertising and other forms of advertising. It is prohibited for a Community Member to use an internet or email address or domain name that utilizes the trade name NUALO or includes NUALO or in a portion of the address. This includes its products. It is also prohibited for a Community Member to use any website materials on a website that references or relates to NUALO or that is not authorized in writing by NUALO. It is also prohibited for a Community Member to place links to unauthorized websites or web pages that have not been authorized by NUALO.
Unless otherwise indicated by the Company, all marketing material is intended for use within the United States only; and is not for use in any other jurisdiction.
4.13.1– Business Pursuits Coverage
You may wish to arrange insurance coverage if you upgrade to Influencer and pursue business activity. Your homeowner's insurance policy may not cover business related injuries or the theft of or damage to your business. Contact your insurance agent to make sure that your business property is protected.
In the event of a product liability claim brought against a Community Member by a third party for a defective Product or for injury from use of a Product, the Company will indemnify and defend the Community Member from such claims, subject to the limitation addressed below.
In order to be indemnified, a Community Member must notify the Company of the claim in writing within 10 days of a Community Member receiving notice of the claim.
The Company has no obligation to indemnify you if you have:
Violated the Contract
Repackaged, altered or misused the Product, or made claims or given instructions about the Product’s safety, uses or benefits which are not included in the Company’s current approved literature, warnings, or Product labels
Settled or attempted to settle a claim without the Company’s written approval. In addition, indemnification is conditioned upon you allowing the Company to assume the sole defense of the claim
Subject to this Agreement, Nualo’s International Shipping Policy and any other terms or conditions, you may conduct business activity as a Community Member in any country or other jurisdiction wherein NUALO has legally and officially established business activities (aka ‘opened’). Where a country has not been officially opened by NUALO, Members may not engage in any business or promotional activities that are not explicitly permitted by the laws, regulations and official practises of that country; moreover, in these circumstances, Members: (1) are limited to providing business cards (which must clearly represent that Member is promoting a US business); (2) may not conduct, organize or participate in any meeting where NUALO or its Brand Partner’s products are presented and where there are more than two participants; and (3) may not use flyers, cold calling, mass emailing, advertising or mass soliciting of any kind in order to promote attendance at these meetings.
In Unopened Countries you may not:
Import, facilitate or seek the importation of, sell, gift, or distribute, in any manner, Company Products, marketing materials or Product samples
Place any type of advertisement or distribute any promotional materials regarding the Company or its Reward Plan or Brand Partner products, except for any Company Approved Support Material(s) the Company may have specifically and directly authorized for use and distribution in a designated Unopened Country or other jurisdiction.
Solicit or negotiate any agreement for the purpose of committing a citizen or resident of an Unopened Country to (1) engage, or promise to engage, with NUALO; or (2) commit to a specific Peer-to-Peer relationship within NUALO. Furthermore, Community Members may not invite citizens or residents of Unopened Countries in an Authorized Country or by using Community Member Agreement forms from an Authorized Country, unless the citizen or resident of the Unopened Country has, at the time of sign up, permanent residence and the legal authorization to work in the Authorized Country. It is the Sponsor’s responsibility to ensure compliance with residency and work authorization requirements. Membership or participation in, or ownership of a corporation, partnership or other legal entity in an Authorized Country does not by itself fulfill the residency or legal authorization to work requirements. If a Participant in a Community Member Peer-Team fails to provide verification of residency and work authorization when requested by the Company, the Company may, at its election, declare a Community Member Agreement void from its inception;
Accept money or other consideration, or be involved in any financial transaction with any prospective Community Member either personally or through an agent, for purposes relating to the Company’s Products or the opportunity, including renting, leasing or purchasing facilities for the purpose of promoting or conducting Company-related business, or
Promote, facilitate or conduct any type of activity which exceeds the limitations set forth in these Policies and Procedures or which the Company, in its sole discretion, deems to be contradictory to the Company’s business or ethical interests in international expansion.
Present yourself to any entity as a legal representative, officer or other company authority. Members are expressly prohibited from approaching governmental authorities on behalf of Nualo or its Brand Partners.
Where a member hosts or otherwise holds a meeting in an open and Authorized Country wherein NUALO or its Brand Partner’s products are discussed, and where people are visiting from any Unopened Country, those people visiting from the Unopened Country are subject to all the restrictions that arise out of their residence or citizenship in an Unopened Country. This means, among other things, that they may not submit a Community Member Agreement to become Community Members or purchase Product for import (including for personal use).
If you wish to conduct business in an open and Authorized Country that is not your Country of legal residence, you must comply with all applicable laws, regulations, statutes or practices of that specific Authorized Country, including but not limited to, all immigration, visa, and registration requirements. In addition, prior to conducting any Business Activity in an Authorized Country that is not your Resident Country, you must sign an International Sponsor Agreement if you did not already sign one when you submitted your Community Member Agreement. The Company, in its sole discretion, reserves the right to reject or revoke your authorization as an International Sponsor in any open and Authorized Country. When you sign an International Sponsor Agreement; the Company grants to you the right to sponsor new Distributors in an open and Authorized Country other than your Resident Country.
The Company reserves the right to designate certain countries wherein all pre-marketing conduct is expressly prohibited. It is your responsibility, prior to each instance of conducting pre-market opening activities in an Unopened Country, to verify through current contact with the Company that the country in which you plan to conduct those activities is not a prohibited country.
Community Members shall comply with all country, federal, state and local laws, regulations and policies governing the conduct of their businesses. Many countries, cities and counties, for example, have laws regulating certain home–based businesses. In most cases these ordinances are not applicable to Community Members because of the nature of their Membership with NUALO; however, Community Members must obey any and all laws that do apply. If a country, city or other official with appropriate legal jurisdiction informs a Community Member that a given ordinance, law, regulation or Policy applies to that Member, the Community Member shall in all instances comply with the same.
Although a NUALO account is a privately owned, independently operated, the sale, transfer or assignment of a NUALO account, and the sale, transfer or assignment of an interest in a Business Entity that owns or operates a NUALO account, is subject to certain limitations. If a Community Member wishes to sell his or her NUALO account, or interest in a business entity that owns or operates a NUALO account, the following criteria must be met:
The selling Community Member must offer NUALO the right of first refusal to purchase the account on the same terms as agreed upon with a third–party buyer. NUALO shall have fifteen (15) days from the date of receipt of the written offer from the seller to exercise its right of first refusal.
The buyer or transferee must become a qualified Community Member. If the buyer is an active NUALO Community Member, .
Before the sale, transfer or assignment can be finalized and approved by NUALO, any debt obligations the selling party has with NUALO must be satisfied.
The selling party must be in good standing and not in violation of any of the terms of the Agreement in order to be eligible to sell, transfer or assign a NUALO Community Member account.
Prior to selling a business entity interest, the selling party must notify NUALO's Compliance Department via the Member’s Community Hub and advise of their intent to sell their NUALO account or Business Entity interest. The selling party must also receive written approval from the Compliance Department before proceeding with the sale.
In the event of a dissolution of marriage of a NUALO Community Member and their spouse, arrangements must be made to assure that any division of the account assets is accomplished so as not to adversely affect the interests and income of other Members in the Member's Peer-Support or Peer-Team. If the separating parties fail to provide for the best interests of other Community Members and the Company, NUALO may be forced to involuntarily terminate the Community Member Agreement.
During the pendency of a divorce or dissolution, the Company shall treat the account according to the status quo as existed prior to the filing of the divorce or dissolution. Under no circumstances will the Peer-Team Organization of divorcing spouses be divided. Similarly, under no circumstances will NUALO split commission and bonus checks between divorcing spouses. NUALO will recognize only one Peer-Team Organization and will issue only one commission check per NUALO account. Commission checks shall always be issued to the individual whose name appears on the Community Member Agreement.
All active Community Members in good standing have the right to refer others to become Community Members of NUALO. Each prospective Community Member has the ultimate right to choose which Member’s Invite-Code to use when creating their account. If two Community Members claim to be the Inviter of the same new Community Member, the Company shall regard the first application received by the Company as controlling. Upon acceptance by the Company of the Community Member Agreement, applicants are placed directly below the Peer-Inviter collected when Community Member created their account.
The Federal Trade Commission and the Federal Communications Commission each have laws that restrict telemarketing practices. Both federal agencies (as well as several states) have "do not call" regulations as part of their telemarketing laws. While you may not consider yourself a "telemarketer" in the traditional sense of the word, these regulations broadly define the term "telemarketer" and "telemarketing" so that your inadvertent action of calling someone whose telephone number is listed on the federal "do not call" registry could cause you to violate the law. Moreover, these regulations must not be taken lightly, as they carry significant penalties (up to
$11,000.00 per violation). Therefore, Community Members must not engage in telemarketing relative to the operation of their NUALO account. The term "telemarketing" means the placing of one or more telephone calls to an individual or entity to induce the purchase of a NUALO product or service, or to recruit them for the NUALO opportunity. "Cold calls" made to prospective Customers or Community Members that promote either NUALO's products or services or the NUALO opportunity constitute telemarketing and are prohibited. However, a telephone call(s) placed to a prospective customer or Community Member (a "prospect") is permissible under the following situations:
If the Community Member has an established business relationship with the prospect. An "established business relationship" is a relationship between a Community Member and a prospect based on the prospect's purchase, rental or lease of goods or services from the Community Member, or a financial transaction between the prospect and the Community Member, within the 18 months immediately preceding the date of a telephone call to induce the prospect's purchase of a product or service.
The prospect's personal inquiry or application regarding a product or service offered by the Community Member within the 3 months immediately preceding the date of such a call.
If the Community Member receives written and signed permission from the prospect authorizing the Community Member to call. The authorization must specify the telephone number(s) that the Community Member is authorized to call.
You may call family members, personal friends and acquaintances. An "acquaintance" is someone with whom you have at least a recent first–hand relationship (i.e., you have recently personally met him or her). Bear in mind, however, that if you make a habit of "card collecting" with everyone you meet and subsequently calling them, the FTC may consider this a form of telemarketing that is not subject to this exemption. Thus, if you engage in calling "acquaintances," you must make such calls on an occasional basis only and not make this a routine practice.
In addition, Community Members shall not use automatic telephone dialing systems relative to the operation of their NUALO account. The term "automatic telephone dialing system" means equipment which has the capacity to (a) store or produce telephone numbers to be called using a random or sequential number generator and (b) to dial such numbers.
– Change of Address or Telephone
To ensure timely delivery of products, support materials and commission checks, it is critically important that NUALO's files are current. Community Members planning to move notify NUALO of their new address and telephone numbers via the Member’s Community Hub. In the alternative, Community Members may update their personal information through their NUALO Community Member back-office.
– Ongoing Training
Any Community Member who invites another Community Member into NUALO must perform a bona fide assistance and training function to ensure that his or her Peer-Team is properly operating his or her NUALO account. Community Members must have ongoing contact and communication with the Community Members in their Peer-Team. Examples of such contact and communication may include, but are not limited to, written correspondence, personal meetings, telephone contact, voice mail, electronic mail and the accompaniment of Peer-Team Community Members to NUALO functions. Peer-Support Community Members are also responsible to motivate and train new Community Members in NUALO effective sales techniques, the NUALO Rewards Plan and compliance with Company Policies and Procedures. Communication with and the training of Peer-Team Community Members must not, however, violate Section 4.5.2 (regarding the development of Community Member–produced sales aids and promotional materials). In no circumstances shall Community Members charge their Peer-Team for training.
Upon request, every Community Member should be able to provide documented evidence to NUALO of their ongoing fulfillment of their efforts as Peer-Support for their Peer-Team.
NUALO wants to provide its Community Members with the best products, compensation plan and service in the industry. Accordingly, we value your constructive criticisms and comments. All such comments should be submitted in writing to the NUALO corporate offices. While NUALO welcomes constructive input, negative comments and remarks made in the field by Community Members about the Company, its products or Rewards Plan serve no purpose other than to sour the enthusiasm of other NUALO Community Members. For this reason, and to set the proper example for their Peer-Team, Community Members must not disparage, bully, demean or make negative or racist remarks about NUALO, other NUALO Community Members, NUALO's services, the Rewards Plan or NUALO's directors, officers or employees. NUALO adheres to a strict zero-tolerance policy for such conduct.
Community Members must provide the most current version of the Policies and Procedures and the Rewards Plan to individuals whom they are inviting to become Community Members before the applicant signs a Community Member Agreement. Additional copies of Policies and Procedures can be found in a Member’s Community Hub.
6.1 – Product Sales
The NUALO Rewards Plan is based upon the sale of products and services sold through the NUALO platform by Brand Partners to end-user consumers.
Sales of NUALO products through on–line classifieds or auction sites, such as eBay or craigslist, are prohibited, without the expressed written consent of NUALO.
No exclusive territories or rights are granted to any Community Member; and no payment of any franchise fee(s) are required.
– Bonus and Commission Qualifications
A Community Member must be in compliance with the Community Member Agreement and these Policies to qualify for bonuses, promotions and commissions. So long as a Community Member complies with the terms of the Agreement and these Policies, NUALO shall pay commissions to such Community Member in accordance with the Rewards Plan.
– Payments, Calculations, and Bonuses
Commissions will be calculated according to the Rewards Plan based on their Current Score rather than the High Score achieved, if different. Commission reports will be provided to Community Members online, via a Member’s Community Hub.
It is a Community Member’s responsibility and duty to make sure that the Scores hit, and that the Rewards, Commissions, Bonuses, and Overrides paid are correct. If you discover an error in your payment you must notify the Company within 30 days after its calculation and deposit into your internal eWallet. If you fail to notify the Company of any errors or disputes with respect to a payment within this 30-day period, you will be deemed to have accepted the payment as full and complete payment of any Rewards, Commissions, Bonuses, and Overrides received and you will have no further right to dispute the payment or seek payment of any additional Rewards, Commissions, Bonuses, and Overrides received.
Community Members receive Rewards, Commissions, Bonuses, and Overrides based on the actual sale of products and services. When a product is refunded or service is cancelled, and the refund is authorized by the Company in accordance with the Company’s Refunds and Returns Policy, the Rewards, Commissions, Bonuses, and Overrides attributable to the refunded product or service shall be deducted from the applicable Community Member’s internal eWallets. In addition, Members who engage in activities where there is an intent to manipulate the Company’s return policy for gain shall forfeit all rights and privileges under this agreement; and may be subject to prosecution.
Within 12 months of receiving a deposit of Real Currency, NU Credits, or Loyalty Points a Community Members must do one of the following: (a) spend internally their available balance of: Real Currency Balance, NU Credits, and Loyalty Points; or (b) request a withdrawal of their available balance of Real Currency. NU Credits and Loyalty Points have no real-world value.
All information provided by NUALO is available online through each Member’s Community Hub. All information provided is believed to be accurate and reliable. Nevertheless, due to various factors, including the inherent possibility of human and mechanical error; the accuracy, completeness and timeliness of orders; denial of credit card and electronic payments; returned products; and credit card and electronic chargebacks, the information is not guaranteed by NUALO or any persons creating or transmitting the information. All information is provided "as is" without warranties, expressed or implied, or representations of any kind whatsoever. In particular, but without limitation, there shall be no warranties of merchantability, fitness for a particular use or non–infringement.
To the fullest extent permissible under applicable law, NUALO and/or other persons creating or transmitting the information will in no event be liable to any Community Member or anyone else for any direct, indirect, consequential, incidental, special or punitive damages that arise out of the use of or access to personal and group sales volume information (including but not limited to lost profits, rewards, commissions, bonuses, overrides and loss of opportunity or damages that may result from inaccuracy, incompleteness, inconvenience, delay or loss of the use of the information), even if NUALO or other persons creating or transmitting the information shall have been advised of the possibility of such damages. To the fullest extent permitted by law, NUALO or other persons creating or transmitting the information shall have no responsibility or liability to you or anyone else under any tort, contract, negligence, strict liability, products liability or other theory with respect to any subject matter of this agreement or terms and conditions related thereto.
All such information is provided to you "as is." If you are dissatisfied with the accuracy or quality of the information, we encourage you to report this to Member Care via your Community Hub. However, your sole and exclusive remedy is to discontinue use of and access to NUALO's online reporting..
From time to time, NUALO may offer sales contests and promotions. All such contests and promotions are subject to change at the sole discretion of NUALO and awards and prizes may be adjusted up or down based on sales volume during the promotional period.
– Customer Sales and Customer Returns
Refer to NUALO’s product delivery, return, and refund policies: here
A Montana resident may cancel his or her Community Member Agreement within fifteen (15) days from the date the account was created and may return his or her inventory and/or sales aids for a full refund within such time period.
All product returns or sales aids to be returned for refund under these provisions must be approved in advance of shipment to NUALO by contacting the Customer Service Department.
– Procedure For Reporting Policy Violation
Community Members observing a policy violation by another Community Member should submit a written report of the violation directly to the attention of the NUALO Compliance Department within each Member’s Community Hub.. Details of the incident(s), such as dates, number of occurrences, persons involved and any supporting documentation, should be included in the report. Policy Violations not submitted in writing to the Company in writing will not be reviewed.
Violation of the Agreement, these Policies and Procedures--or any illegal, fraudulent, deceptive or unethical business conduct by a Community Member--may result, at NUALO's discretion, in one or more of the following corrective measures:
Issuance of a written warning or admonition
Requiring the Community Member to take immediate corrective measures
If the Company Issues a warning or requires a Community Member to take immediate corrective measures as provided in this Section (Section 9.2) then the Community Member will have 15 business days from the date the notice to take corrective action.
At NUALO’s discretion, or at the approved request of a Community Member (which shall not be unreasonably withheld by NUALO), a Peer-Advisory-Council (PAC) shall be convened, consisting of no fewer than 8 Community Members, may be convened to consider a Member complaint and evaluate disciplinary sanctions. The PAC shall consist of Community Members who are in good standing and where possible: (a) have been a Community Member for no fewer than 12 months; (b) are not part of the Peer-Support or Peer-Team of involved parties; (c) if an Influencer, have a Current Score of 120K or greater; (d) if a Brand Partner, have more than $100K in total gross sales within the NUALO platform; and (e) do not have any other apparent interest in the outcome of the PAC’s decision. Each PAC shall consider the input of both the Convening and Responding Parties, and may seek input, comment, and/or guidance from authoritative, third-party sources. Upon completion of this good-faith review, the PAC shall review the matter presented by the initiating Member and offer a majority ruling to which all parties shall adhere.
The Peer-Advisory-Council may consider and issue one or more of the following corrective measures:
Imposition of a fine, which would be added the the Members internal eWallet as a withdrawal, which may offset Rewards, Commissions, Bonuses, and/or Overrides
The withholding from a Community Member of all or part of the Community Members Rewards, Commissions, Bonuses, and/or Overrides during the period that the PAC is investigating any conduct allegedly in violation of the Agreement. If a Community Member's business is canceled for disciplinary reasons, the Community Member will not be entitled to recover any commissions withheld during the investigation period
Suspension of the individual's Community Member Agreement for one or more pay periods
Involuntary termination of the offender's Community Member Agreement • Any other measure expressly allowed within any provision of the Agreement or that the PAC deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Community Member's policy violation or contractual breach; or
In situations deemed appropriate by the PAC and authorized by NUALO, the Company may institute legal proceedings for monetary and/or equitable relief.
The PAC must make a final decision within 30 days of convening; otherwise, a new PAC shall be seated by NUALO. Should a PAC, for any reason, be unable to arrive at a final, majority decision, NUALO shall present its opinion to the PAC and may, if the PAC is deadlocked, cast a deciding vote.
The Convening and Responding parties will have 15 business days from the date of the decision to appeal the PAC’s findings.
Within 10 days of receiving the appeal, the PAC will review the appeal and provide written notice of its final decision or advise its review will require additional time. An appeal will be cause for a new PAC to be formed. The PAC has no more than 15 days Only 1 appeal is allowed.
Only once a PAC has been convened and issued a final decision, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association or other recognized arbitration service, under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Community Members waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in Utah County, UTAH, unless the laws of the state in which a Community Member resides expressly require the application of its laws, in which case the arbitration shall be held in the capital of that state. All parties shall be entitled to all discovery rights pursuant to the Federal Rules of Civil Procedure.
There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions, with a strong preference being an attorney knowledgeable in the direct selling industry, selected from the panel that the American Arbitration Panel provides. The prevailing party shall be entitled to receive from the losing party, OR each party to the arbitration shall be responsible for its own, costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitration shall survive any termination or expiration of the Agreement.
Nothing in these Policies and Procedures shall prevent NUALO from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect NUALO's interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
Jurisdiction and venue of any matter not subject to arbitration shall reside in Utah County, State of Utah. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Utah shall govern all other matters relating to or arising from the Agreement.
Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law.
– Effect of Cancellation
Following a Community Member's termination if their Community Member Agreement , the former Community Member shall have no right, title, claim or interest to the marketing organization that he or she operated, or any reward, commission, bonus, or override from the sales generated by their former Spheres of Influence or Spheres of Impact.. A Community Member whose account is terminated will lose all rights as a Community Member. This includes the right to sell products and services on the NUALO platform and the right to receive future rewards, commissions, bonuses, overrides or other income resulting from the sales and other activities of the Community Member's former Spheres of Influence or Spheres of Impact. In the event of termination, Community Members agree to waive all rights they may have, including but not limited to property rights to any bonuses, commissions or other remuneration derived from the sales and other activities of his or her former Spheres of Influence or Spheres of Impact.
Following a termination of their Community Member Agreement, the former Community Member shall not hold themselves out as a NUALO Community Member. Community Members whose Community Member Agreement is terminated shall receive any Real Currency balance on file up to the point of termination (less any amounts withheld during an investigation preceding an involuntary termination).
A Community Member's violation of any of the terms of the Agreement, including any amendments that may be made by NUALO in its sole discretion, may result in any of the sanctions listed above, including the involuntary termination of his or her Community Member Agreement. Cancellation shall be effective on the date on which written notice from NULAO of the PAC’s decision is emailed, mailed, faxed or delivered to an express courier to the Community Member's last known address (or fax number), or to his or her attorney, or when the Community Member receives actual notice of termination, whichever occurs first.
These Policies and Procedures, and all modifications made by the Company, along with the Terms and Conditions and the Reward Plan make up the entire agreement between Community Member and Company.
NUALO
10808 S. Riverfront Parkway Ste. 3061
South Jordan, Utah 84095
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