Neumi™, LLC Associate Terms & Policies


1. The Agreement. The term “Agreement” collectively refers to these Terms and Policies, the Neumi Compensation Plan, the Arbitration & Dispute Resolution Policy, and the Neumi Business Entity Addendum (the Business Entity Addendum is only applicable to Associates who enroll as a business entity, in their current form and as may be changed in the future. Independent Associates shall be referred to herein as “Associates.” Neumi, LLC shall be referred to as “Neumi” or the “Company.” Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
 
2. Adherence to the Agreement. Associates must comply with the Agreement. If you have not yet reviewed the Terms and Policies at the time you execute this Agreement, they are posted in your Associate Back-Office. You must review the Terms and Policies within five days from the date on which you execute this Agreement. If you do not agree to the Terms and Policies, your sole recourse is to notify the Company and cancel your Neumi Agreement. Failure to cancel constitutes your acceptance of the Terms and Policies. You must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from Neumi.
 
3. Changes to the Agreement. The Company reserves the right to change the Agreement as reasonably necessary. Changes shall be effective 30 days after notice of the changes and publication of the notice in each Associate’s Back-Office, but changes shall not apply retroactively to conduct that occurred prior to the effective date of the changes. If you do not agree to any changes, your recourse is to cancel your Neumi Agreement.
 
4. Associates’ Rights. Associates for Neumi:
● Have the right to sell, and solicit orders for, Neumi products in accordance with these Terms and Policies. It is within the exclusive right of Neumi to accept or reject orders submitted by Associates;
● Have the right to enroll others as Neumi Associates;
● If qualified, have the right to earn commissions pursuant to the Neumi Compensation Plan.
 
5. Independent Contractor Status. Associates are independent contractors and not employees, partners, legal representatives, or franchisees of Neumi, LLC. Associates are solely responsible for paying all expenses they incur, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other business expenses. ASSOCIATES SHALL NOT BE TREATED AS A NEUMI EMPLOYEE FOR FEDERAL OR STATE TAX PURPOSES. Neumi is not responsible for withholding and shall not withhold or deduct FICA, or taxes of any kind from Associates’ compensation. Associates are not entitled to workers compensation or unemployment security benefits of any kind from Neumi.
 
6. Assignment of Rights and Delegation of Duties. Associates may not assign any rights under the Agreement without the prior written consent of Neumi, LLC. Any attempt to transfer or assign the Agreement without the express written consent of Neumi renders the Agreement voidable at the option of Neumi and may result in termination of your Neumi business. If the assets of Neumi, or a controlling ownership interest in Neumi, is transferred to a third party, Neumi may assign its rights and delegate its duties and obligations under the Agreement to such third party as part of the sale or transfer.
 
7. Waiver. Any waiver by either Party of any breach of the Agreement must be in writing and signed by an authorized agent of the Party against which the waiver is asserted. Any waiver of a breach by a Party shall be a one-time waiver only and shall not operate or be construed as a waiver of any subsequent breach.
 
8. Waiver of Right of Publicity. Associates grant Neumi an irrevocable license to reproduce and use their name, photograph, video, personal story, testimonial, and/or likeness in its advertising or promotional materials, including but not limited to use in online forums. Associates waive all claims for remuneration for such use and all rights to inspect or approve all draft, beta, preliminary, and finished material.
 
9. Minimum Age. Persons under age 18 may not be Associates and no Associate shall knowingly recruit or sponsor, or attempt to recruit or sponsor, any person under age 18.
 
10. Severance. If any provision of the Agreement, in its current form or as changed in the future, is held void or unenforceable, only the void or unenforceable portion(s) of the provision shall be severed from the Agreement and the remaining provisions shall remain in effect. The severed provision shall be reformed so that it is in compliance with the law and reflects the purpose of the original provision as closely as possible. The existence of any claim or cause of action of an Associate against Neumi shall not constitute a defense to Neumi’s enforcement of any term or provision of the Agreement.
 
11. Term and Renewal of a Neumi Business. The term of this agreement is one year (subject to prior cancellation pursuant to the Terms and Policies). Neumi reserves the right to terminate all Associate Agreements upon 30 days’ notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products and/or services via direct selling channels. A participant in this multilevel marketing program has a right to cancel at any time, regardless of reason. Cancellation may be submitted in writing to the company at its principal business address or via the Associate’s Back-Office.
 
12. Maryland Residents: A participant may cancel the contract for any reason within 3 months after the date of receipt of goods or services first ordered; upon cancellation, if a request is made the Company shall repurchase the goods; and the repurchase price shall be at least 90% of the original price paid by the participant.
 
13. Puerto Rico Residents: You may cancel this Agreement at any time within 90 days from the date of enrollment, or at any time upon showing the Company’s noncompliance with any of the essential obligations of the distribution contract or any act or omission by the Company adversely affecting the interests of the dealer in the development of the market of the properties or services. Your cancellation may be sent to the Company in writing and sent via registered mail. If you cancel under these conditions, the Company shall: (a) Reacquire the total of the products that you purchased from the Company which are in your possession and in good condition at a price of not less than ninety percent (90%) of their original net cost; (b) Return to you not less than ninety percent (90%) of the original net cost of any services that you acquired from the Company; (c) Return 90% of any sum paid by you for the purpose of participating in the business.
 
14. General Conduct. Associates shall safeguard and promote the good reputation of Neumi and its products, and must avoid all illegal, deceptive, misleading, unethical or immoral conduct or practices, and must exhibit high moral character in their personal and professional conduct. Associates shall not engage in any conduct that may damage the Company’s goodwill or reputation. While it is impossible to specify all misconduct that violates this provision, and the following list is not a limitation on the standards of conduct to which Associates must adhere, the following examples are practices that are specifically prohibited under this policy:
● Making statements are deceptive, untruthful, unfair, or misleading;
● Making any implied or express representation that any state or federal government official, agency, or body has approved or endorses Neumi, its program, or products;
● Engaging in criminal or fraudulent conduct in business or in one’s personal life that could reasonably be foreseen to damage the Company’s reputation or the culture that exists within the field sales force;
● Engaging in conduct that can reasonably be interpreted as constituting harassment, intimidation, discrimination, predatory, abusive, obscene, humiliating to others or conduct that threatens violence;
● The unwanted disclosure of a third party’s personal information;
● Using a Neumi business or any Neumi platform to promote a social, political or religious purpose.
 
15. Social Media. In addition to meeting all other requirements specified in these Terms & Policies, should an Associate utilize any form of social media in connection with her Neumi business, including but not limited to blogs, Facebook, Instagram, Twitter, Linkedin, YouTube, or Pinterest, the Associate agrees to each of the following:
● Associates are responsible for the content of all material that they produce and all of their postings on any social media site, as well as all postings on any social media site that they own, operate, or control.
● Associates shall not make any social media postings, or link to or from any postings or other material that is sexually explicit, obscene, pornographic, offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise), is graphically violent, is solicitous of any unlawful behavior, that engages in personal attacks on any individual, group, or entity, or is in violation of any intellectual property rights of the Company or any third party.
● No product sales or enrollments may occur on or through any social media site. To process sales or enrollments, a social media site must link only to the Associate’s Neumi replicated website, Neumi’s corporate website or an official Neumi corporate social media page.
● It is each Associate’s responsibility to follow the social media site’s terms of use.
● Any social media site that is directly or indirectly operated or controlled by an Associate that is used to discuss or promote Neumi’s products, or the Neumi opportunity may not link to any website, social media site, or site of any other nature that promotes the products, services, or business program of any direct selling company other than Neumi.
● During the term of this Agreement and for a period of 12 calendar months thereafter, an Associate may not use any social media site on which they discuss or promote, or have discussed or promoted, the Neumi business or Neumi’s products to directly or indirectly solicit anyone for another direct selling or network marketing program (collectively, “direct selling”).
○ During the term of the Agreement and for 12 calendar months after the cancellation of an Associate’s business for any reason, an Associate shall not take any action on any social media site on which they discuss or present, or have discussed or presented, Neumi’s products or the Neumi business that may reasonably be foreseen to draw an inquiry from Neumi’s Associates relating to the Associate’s other direct selling business activities or products. Violation of this provision shall constitute a violation of the non solicitation provision in Policy 27.
○ If an Associate creates a business page on any social media site to promote or relates to Neumi, its products, or opportunity, the page may not promote or advertise the products or opportunity of any other network marketing business other than Neumi and its products. If the Associate’s Neumi business is canceled for any reason or if the Associate becomes inactive, the Associate must deactivate the page.
○ Associates shall respect the privacy of other social media users. Associates shall not engage in abusive social media practices including but not limited to harvesting or trolling for connections, shaming or bullying others.
 
16. Associate Web Sites, Mobile Applications and Collateral Sales Tools. Associates may create their own websites or mobile applications, and other materials to promote their Neumi business or Neumi’s products (Associate-created promotional material shall be collectively referred to as “Tools.” Official Neumi supplied replicated websites and mobile apps are the only online forums through which Neumi products may be sold and new Neumi Associate enrollments may be transacted (prohibited online forums include, but are not limited to, Associates’ external websites, online auctions and classified listings). Tools must adhere to each of the following:
● Tools may not take and/or process product or service orders, sales or enrollments.
● Any external website (or mobile app) must be directed to the Associate’s replicated website to process sales and/or enrollments.
● The Tools must clearly and conspicuously identify the Associate who is using the Tools and must clearly and conspicuously disclose that he/she is a Neumi Independent Associate, and that the Tools are not Neumi’s corporate Tools.
● Upon cancellation of an independent Associate’s Neumi Agreement for any reason, the former Associate must immediately discontinue using the Tools and/or making them available to other Associates;
● The Tools must exclusively promote Neumi’s products and Neumi’s opportunity;
● The Tools must comply with all provisions of these Terms & Policies;
• Associates who create Tools must make all changes to the Tools or discontinue use of the Tools, as required by the Company. The Company may demand changes be made to Tools, or demand that Tools be discontinued. Associates waive all claims against Neumi, its officers, directors, owners, employees, and agents for damages, expenses, costs, or remuneration of any other nature arising or resulting from, or relating to, changes required by the Company or a requirement that the Tools be discontinued. Neumi may post Tools in Associates’ Back Offices and make them available to all Associates free of charge. Associates waive all claims to remuneration for such use and grant Neumi an irrevocable license to use the Tools and authorizes Neumi to provide the Tools to other Associates free of charge, and further authorizes Neumi Associates to use the Tools at no charge.
 
17. Trademarks and Copyrights. The name “Neumi” and other names as may be adopted by the Company are proprietary trade names, trademarks and service marks of Neumi. The Company grants Associates a limited license to use its trademarks and trade names in promotional material in accordance with these Policies for so long as the Associate’s Agreement is in effect. Upon cancellation of an Associate’s Agreement for any reason, the license shall expire and the Associate shall immediately discontinue all use of the Company’s trademarks and trade names. Under no circumstances may an Associate use any of Neumi’s trademarks or trade names in any email address, website domain name, social media handle, social media name or address. Neumi commonly puts on live and recorded events as well as webinars and telephone conference calls. During these events Company executives, Associates, and guests appear and speak. The content of such events is copyrighted material that is owned exclusively by the Company. Associates may not record company functions for any reason, whether such an event is live, a webinar, via conference call, or delivered through any other medium. In addition, Company produced Sales Tools, videos, audios, podcasts, and printed material is also copyrighted. Associates shall not copy any such materials for their personal or business use without the Company’s prior written approval.
 
18. Sales Outlets. To support the Company’s direct selling distribution channel and to protect the independent contractor relationship, Associates may not sell Neumi products in any wholesale, warehouse, or discount establishment, or any online auction or buy-sell site (including but not limited to Amazon and ebay) without prior written approval from Neumi. Notwithstanding the foregoing, Associates may display and sell Neumi products at professional trade shows.
 
19. Service-Related Establishments. Associates may promote and sell Neumi products in service-related establishments and membership-based facilities. A service related establishment is one whose primary revenue is earned by providing personal service rather than by selling products. Such establishments include offices of doctors, dentists and other health professionals; health clubs or fitness centers; beauty salons; and any other business where customer use of the establishment is controlled by membership or appointment.
 
20. Change of Sponsor. The only means by which an Associate may legitimately change his/her sponsor are by:
A. Voluntarily canceling his/her Neumi business and remaining inactive for six (6) full calendar months. Following the six calendar month period of inactivity, the former Associate may reapply under a new sponsor. The Associate will lose all rights to his/her former downline organization upon his/her cancellation; or
B. Submitting a written request to the Company at support@neumi.com for a change of sponsor. The Associate requesting the transfer must also submit written and signed transfer authorization forms from his/her immediate seven (7) upline Associates within 30 days from the date of his/her first request to change his/her sponsor.
 
21. Waiver of Claims. In cases wherein an Associate improperly changes his/her sponsor, Neumi reserves the sole and exclusive right to determine the final disposition of the downline organization that was developed by the Associate in his/her second line of sponsorship. ASSOCIATES WAIVE ANY AND ALL CLAIMS AGAINST NEUMI, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AND AGENTS THAT RELATE TO OR ARISE FROM NEUMI’S DECISION REGARDING THE DISPOSITION OF ANY DOWNLINE ORGANIZATION THAT DEVELOPS BELOW AN ASSOCIATE WHO HAS IMPROPERLY CHANGED HIS/HER SPONSOR.
 
22. Product Claims. Associates must not make claims, including but not limited to testimonials, about Neumi’s products or services that are not contained in official Neumi literature or posted on Neumi’s official website. Under no circumstances shall any Associate state or imply that any Neumi product is useful in the diagnosis, treatment, cure, or prevention of any disease, illness, injury, or other medical condition.
 
23. Income Claims. When presenting or discussing the Neumi opportunity or Compensation Plan to a prospective Associate, Associates may not make income projections, income claims, income testimonials, or disclose their Neumi income (including, but not limited to, the showing of checks, copies of checks, bank statements, or tax records), or the income of any other Neumi Associate. Nor may Associates make “lifestyle” income claims. A “lifestyle” income claim is a statement or depiction that infers or states that the Associate can enjoy a luxurious or successful lifestyle due to the income they earn from their Neumi business. Examples of prohibited lifestyle claims include, but are not limited to, representations (either through audio or visual medium) that an Associate was able to quit his/her job, acquire expensive or luxury material possessions, or travel to exotic or expensive destinations.
 
24. Compensation Plan and Program Claims. When presenting or discussing the Neumi compensation plan, you must make it clear to prospects that financial success in Neumi requires commitment, effort, and sales skill. Conversely, you must never represent that one can be successful without diligently applying themselves. Examples of misrepresentations in this area include, but are not limited to:
● It’s a turnkey system.
● The system will do the work for you.
● Just get in and your downline will build through spillover.
● Just join and I’ll build your downline for you.
● The Company does all the work for you.
● You don’t have to sell anything.
● All you have to do is buy your products every month. The above are just examples of improper representations about the compensation plan and the Company’s program. It is important that you do not make these, or any other representations, that could lead a prospect to believe that they can be successful as an Associate without commitment, effort, and sales skill.
 
25. Media Inquiries. Associates must not interact with the media regarding the Neumi business or products. All inquiries from the media, including radio, television, print, online, or any other medium, shall be directed to Neumi’s marketing department.
 
26. Non Solicitation. Neumi Associates are free to participate in other network marketing programs. However, during the term of this Agreement and for one year thereafter with the exception of an Associate’s personally sponsored downline Associates, an Associate may not directly or indirectly Recruit other Neumi Associates for any other network marketing business. The term “Recruit” means the direct or indirect, actual or attempted, sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, another Neumi Associate to enroll or participate in another network marketing opportunity. This conduct constitutes Recruiting even if the Associate’s actions are in response to an inquiry made by another Associate or customer. If an Associate is engaged in another network marketing program, it is the responsibility of the Associate to ensure that his or her Neumi business is operated entirely separate and apart from all other businesses and/or Network Marketing programs. To this end, the Associate must not:
● Display Neumi promotional material, sales aids, or products with or in the same location as, any non-Neumi promotional material or sales aids, products or services (Pinterest and similar social media sites are exempt from this provision).
● Offer the Neumi opportunity, products or services to prospective or existing customers or Associates in conjunction with any non-Neumi program, opportunity or products.
● Offer, discuss, or display any non Neumi opportunity, products, services or opportunity at any Neumi-related trunk show, meeting, seminar, convention, webinar, teleconference, or other function.
 
27. Non Disparagement. Negative comments in the field serve only to sour the enthusiasm of other Associates. Therefore, Associates shall not disparage, libel, slander, or make negative or critical comments to any other Associate or third party regarding the Neumi, its management, products or compensation plan. All criticism must be directed exclusively to the Company at support@neumi.com.
 
28. Confidential Information. “Confidential Information” includes, but is not limited to, the identities, contact information, and/or sales information relating to Neumi’s Associates and/or customers:
(a) that is contained in or derived from any Associates’ respective Associate Back-Office;
(b) that is derived from any reports issued by Neumi to Associates to assist them in operating and managing their Neumi business; and/or
(c) to which an Associate would not have access or would not have acquired but for his/her affiliation with Neumi. Confidential Information constitutes proprietary business trade secrets belonging exclusively to Neumi and is provided to Associates in strict confidence. Confidential Information shall not be directly or indirectly disclosed to any third party nor used for any purpose other than Associate’s use in building and managing his/her Independent Neumi business.
 
29. Handling Personal Information. If you receive Personal Information from or about prospective Associates or customers, it is your responsibility to maintain its security. You should shred or irreversibly delete the Personal Information of others once you no longer need it. Personal Information is information that identifies, or permits you to contact, an individual. It includes a customer’s, potential customers, Associates and prospective Associates’ name, address, email address, phone number, credit card information, social security or tax identification number and other information associated with these details.
 
30. Bonus Buying. Bonus buying is prohibited. Bonus buying is the purchase of Neumi merchandise for any reason other than bona fide resale or use, or any mechanism or artifice to qualify for rank advancement or maintenance, incentives, prizes, commissions or bonuses that are not driven by bona fide product purchases by end user consumers for actual use.
 
31. Limitations on Associate and Household Businesses. Associates may own, operate, control, or have an interest in, only one Neumi business, and there may be only one Neumi business in a household. A “household” is defined as spouses or couples, and dependent children of one or both spouses or couples, living in the same home of the spouses or member of the couple, as well as dependent children of either spouse or member of the couple, while attending school away from home.
 
32. Actions of Third-Parties. If a third party acting on behalf of, or with the active or passive assistance or knowledge of an Associate engages in conduct that would be a violation of the Agreement, the conduct of the third-party may be imputed to the Associate. “Knowledge” of misconduct is not limited to actual knowledge. If an Associate engages in acts or omissions that the Associate knows or SHOULD KNOW will enable a third party to violate this Agreement if such action was taken by the Associate, the Associate shall be deemed to have knowledge of the violation.
 
33. Tampering With Product Packaging. Neumi products must be sold in their original packaging. Associates shall not alter the original packaging or labeling.
 
34. Sales Receipts. Associates must provide their retail customers that purchase merchandise directly from the Associate with two copies of an official Neumi sales receipt at the time of the sale and advise them of the three day right to rescind the transaction, which is set forth on the receipt. Associates must maintain all retail sales receipts for a period of two years and furnish them to Neumi at the Company’s request. Sales receipts can be downloaded in PDF format from your Back-Office. Retail customers who purchase from an Associate’s replicated website need not be provided with a sales receipt as the receipt will automatically be sent by the Company via email at the time the order is placed.
 
35. Adjustment to Bonuses and Commissions. Compensation stemming from product sales is fully earned when the applicable return, repurchase, and chargeback periods applicable to product sales have all expired. If a product is returned to Neumi for a refund or is repurchased by the Company, or a chargeback occurs, the compensation attributable to the returned or repurchased product(s) will be recovered by the Company. Unearned compensation will be deducted, in the month in which the refund is issued or the chargeback occurs and continuing every pay period thereafter until the commission is recovered, from the upline Associates who received bonuses and commissions on the sales of the refunded products. Likewise, if it is the responsibility of an Associate to issue a refund to a customer, but Neumi issues the refund, the Company may deduct the amount refunded to the customer from the Associate’s subsequent bonuses and commissions. Neumi reserves the right to withhold or reduce any Associate’s compensation as it deems necessary to comply with any garnishment or court order directing Neumi to retain, hold, or redirect such compensation to a third party.
 
36. Return of Merchandise and Sales Aids by Associates Upon Cancellation or Termination. Within 30 days from the cancellation or termination of an Associate’s Agreement, the Associate may return products and Sales Tools that he or she personally purchased from Neumi within 12 months prior to the date of cancellation (the one-year limitation shall not apply to residents of Louisiana, Massachusetts and Wyoming and Puerto Rico) so long as the goods are in currently marketable condition and are returned to the Company within 30 days from the date of the Associate’s cancellation or termination. Upon the Company’s timely receipt of returned goods and confirmation that they are in currently marketable condition, the Associate will be reimbursed 100% of the net cost of the original purchase price(s). Shipping and handling charges will be refunded. If the purchases were made through a credit card, the refund will be credited back to the same account. Goods are in “currently marketable condition" if they are unopened and unused and packaging and labeling has not been altered or damaged. Merchandise that is clearly identified at the time of sale as non-returnable, closeout, discontinued, or as a seasonal item, or which has passed its commercially reasonable usable or shelf life, is not in currently marketable condition. Back Office and Replicated website fees are not refundable except as may be required under applicable state law.
 
37. Montana Residents: A Montana resident may cancel his or her Associate Agreement within 15 days from the date on which this application is submitted and may return his or her sales kit within such time and is entitled to a full refund for the sales kit and for any other consideration he/she paid within such time period to participate in the program.
 
38. Louisiana, Massachusetts and Wyoming Residents: If you cancel your Associate Agreement, upon receipt of your written request, Neumi will refund 100% of the costs you have incurred to participate in the program during the current year.
 
39. Other Cancellation Rights. On first time purchases, Customers, Preferred Customers, and newly enrolled Associates have 30 days from the day their order arrives to cancel their purchase and obtain a full refund. Shipping and handling charges will be refunded. Residents of Alaska have five business days and residents of North Dakota age 65 and over have 15 days to cancel and receive a full refund. An explanation of these rights is explained on the sales receipt.
 
40. Disciplinary Sanctions. The Company may craft any disciplinary measure that it deems reasonably appropriate to address or rectify an act or omission by an Associate. In situations deemed appropriate by Neumi, the Company may institute legal proceedings for monetary and/or equitable relief.
 
41. Compliance Disclosure to Upline. If disciplinary action is taken against an Associate the Company may disclose the details of the matter and the resolution to the upline of the disciplined Associate.
 
42. Indemnification. Associates agree to indemnify Neumi for any and all costs, expenses, consumer reimbursements, fines, sanctions, damages, settlements or payments of any other nature that Neumi incurs resulting from or relating to any act or omission by Associate that is illegal, fraudulent, deceptive, negligent, reckless or in violation of the Agreement. Neumi may elect to exercise its indemnification rights through withholding any compensation due the Associate. This right of setoff shall not constitute Neumi’s exclusive means of recovering or collecting funds due Neumi pursuant to its right to indemnification.
 
43. Effect of Cancellation. An Associate whose business is canceled for any reason will lose all Associate rights, benefits and privileges. This includes the right to represent yourself as an Independent Neumi Associate, to sell Neumi products and services and the right to receive commissions, bonuses, or other income resulting from his/her own sales and the sales and other activities of the Associate and the Associate’s former downline sales organization. There is no whole or partial refund for tangible sales kits that are not currently marketable, Associate Back Office, replicated website or renewal fees if an Associate’s business is canceled. If an Associate is also on the autoship program, the Associate’s autoship order shall continue unless the Associate also specifically requests that his or her customer autoship Agreement also be canceled.
 
44. Voluntary Cancellation. A participant in this network-marketing plan has a right to cancel at any time, regardless of reason. Cancellation shall be effective by:
(a) submitting written cancellation to the Company at its principal business address or by canceling his/her business through the Associate Back-Office;
(b) the Company may (but is not required to) rely on any public announcement of resignation or cancellation by the Associate (including but not limited to any announcement on social media) as an effective cancellation;
(c) failure to pay Back-Office and Replicated Website fees
(d) Revoking your authorization to contract electronically; or
(e) any other means authorized by Neumi.
 
45. Involuntary Cancellation. An Associate’s independent business may be involuntarily canceled for a material violation of the Agreement or for any act or omission in the Associate’s professional or personal capacity that a reasonable person would consider reasonably likely to damage or injure the Company’s business or goodwill, or for any other reason specified in Neumi’s Terms and Conditions.
 
46. Cancellation for Inactivity. If an Associate fails to earn a commission for six consecutive months, his/her Associate Agreement and Neumi business will be canceled for inactivity. The buyer shall then be classified as a retail customer.
 
47. Business Transfers. Associates in good standing who wish to sell or transfer their business must receive Neumi’s prior written approval before the business may be transferred. A business that is on disciplinary probation, suspension, or under disciplinary investigation is not in good standing and may not be transferred unless and until the disciplinary matter is resolved. Requests to transfer a business must be submitted in writing to the Company at support@neumi.com. The request to transfer will be denied if the business is not in good standing or if there is another reasonable reason for denying the request. Prior to transferring a business to a third party, the Associate must offer the Company the right of first refusal to purchase the business on the same terms as negotiated with a third party. The Company shall have ten days to exercise its right of first refusal.
 
48. Transfer Upon an Associate’s Death. An Associate may devise his/her business to his/her heirs. Because Neumi cannot divide commissions among multiple beneficiaries or transferees, the beneficiaries or transferees must form a business entity (corporation, LLC, partnership, etc.), and Neumi will transfer the business and issue commissions to the business entity. In the case of a business transfer via testamentary instrument, the beneficiary of the business must provide Neumi with certified letters testamentary and written instructions of the trustee of the estate, or an order of the court, that provides direction on the proper disposition of the business. The beneficiary must also execute and submit to the Company a Neumi Associate Agreement within 30 days from the date on which the business is transferred by the estate to the beneficiary or the business will be canceled.
 
49. Business Distribution Upon Divorce. Neumi is not able to divide commissions among multiple parties, nor is it able to divide a downline organization. Consequently, in divorce cases, any settlement or divorce decree must award the business in its entirety to one party. Neumi will recognize as the owner of the business the former spouse to who is awarded the business pursuant to a legally binding settlement agreement or decree of the court. The former spouse who receives the Neumi business must also execute and submit a Neumi Associate Agreement within 30 days from the date on which the divorce becomes final or the business will be canceled.
 
50. Dissolution of a Business Entity. Neumi is not able to divide commissions among multiple parties, nor is it able to divide a downline organization. Consequently, if a business entity that operates a Neumi business dissolves, the owners of the business entity must instruct the Company on the identity of the proper party who is to receive the business. The Neumi business must be awarded to a single individual or entity; the Company cannot divide the business among multiple parties or issue separate commission payments. If the business entity wishes to sell or transfer its Neumi business, it must do so pursuant to policy 49. In addition, the recipient of the Neumi business must also execute and submit a Neumi Associate Agreement to the Company within 30 days from the date of the dissolution of the business entity or the Neumi business will be involuntarily canceled.
 
51. Inducing Associates to Violate the Agreement. Associates shall not directly or indirectly induce, encourage, or assist another Associate to violate the Agreement.
 
52. Reporting Errors. If an Associate believes that Neumi has made an error in his/her compensation, the structure or organization of his/her genealogy, or any other error that impacts the Associate’s income, he/she must report it to the company in writing within 60 days from the date on which the mistake occurred. While Neumi shall use its best efforts to correct errors reported more than 60 days after the date of the error, Neumi shall not be responsible to make changes or remunerate Associates for losses for mistakes that are reported more than 60 days after the mistake occurs.
 
53. International Activities. Associates may not sell Neumi products or conduct business activities of any nature in any foreign country that the Company has not announced is officially open for business.
 
54. Severance. If any policy is determined to be unenforceable, only the unenforceable policy shall be severed from the Agreement and all remaining policies shall remain in effect.
 
55. Autoship Cancellation Policy; Order Changes or Cancellation. Neumi allows, for convenience, an option to place your monthly orders on Autoship to ensure you never miss a Swish. Your Autoship will be set up by you with a date that you select each month you would prefer your product to be delivered. Once your Autoship has been created, your product will automatically be shipped to you on the same day each month unless you change the date for delivery or cancel your Autoship in its entirety. Please note, all Autoships must be canceled 3 days prior to the set date of the Autoshipment. If you have not canceled your Autoship prior to the date your Autoship would normally run, you will be charged for the order generated based on our automated system. If you do not cancel the order before the 3 days prior to your ship date, your order will be authorized, and a credit card authorization will be placed on the payment method used.
 
v.6 April 14, 2022