Section 1- Introduction
1.1- Purpose of Policies
These Policies and Procedures are provided to help Associates understand how to do business with TRUVISION.
1.2- Policies Incorporated into Associate Agreements
These Policies and Procedures are incorporated into the Associate Application and Agreement by reference. By Signing the Associate Application and Agreement, you agree to follow the Policies and Procedures.
1.3- Changes to the Agreements
TRUVISION reserves the right to change or modify TRUVISION’s Policies and Procedures at any time without notice. Associates are bound by these Policies and Procedures, which can be found on TRUVISION’s website.:
1.4- Independent Contractor Status
Associates are independent contractors, not employees. Nothing in these Policies and Procedures, nor any other conduct by TRUVISION, is intended to suggest that Associates are anything but independent contractors. Associates will not do anything to suggest that they are employees of TRUVISION. All written communications from a Associate will include the words “Independent Associate.”
Section 2- Becoming a Associate
2.1- Requirements to Become a TRUVISION Associate
To become a Associate, you must:
TRUVISION reserves the right to reject any application for any reason. TRUVISION Associates may own or operate only one TRUVISION Associateship, and will permit only one Associateship per individual.
2.2- No Product Purchase Required
Associates are not required to purchase any product in order to join TRUVISION.
2.3- Register by Mail, Fax, Email, or Online
Associates can register in one of three easy ways: by completing the Associate Application and Agreement and submitting it to TRUVISION by mail, fax, or email, or by completing the online application. Remember to sign the Associate Application and Agreement form before you send it to TRUVISION, or check the appropriate box indicating agreement to terms and conditions upon submission of online application.
2.4- Associate Benefits
Once the Associate Application and Agreement has been accepted by TRUVISION, the new Associate receives various benefits, including the right to:
Section 3- TRUVISION Business Requirements
3.1- Laws and Regulations
Our business is highly regulated. TRUVISION Associates will comply with all federal, state, provincial, and local laws and regulations that apply.
All advertisements, literature, websites, sales aids, displays, and any other published material that bears the TRUVISION logo or name must be approved by TRUVISION Compliance. TRUVISION reserves the right to request the cessation of any advertising or representation that it deems is not in keeping with TRUVISIONS brand and integrity.
3.3- Commercial Retail Outlets
TRUVISION products may be displayed in the offices of health care practitioners or those in health and wellness services who are licensed to practice their profession.
3.4- Changes to Ownership of Your TRUVISION Business
The sale, transfer, division, or assignment of a TRUVISION business must be approved by TRUVISION Compliance. Upon the death or incapacitation of a TRUVISION Associate, his or her TRUVISION business may be passed to his or her heirs. Appropriate legal documentation must be submitted to TRUVISION to ensure the transfer is proper.
3.5- No Modification to TRUVISION Programs
TRUVISION Associates will not modify TRUVISION’s compensation plan, products or other programs, or otherwise market those programs in a way that is inconsistent with TRUVISION. Associates cannot offer the TRUVISION opportunity with any other system, program, or method of marketing unless approved by TRUVISION.
3.6- Conflicts of Interest
TRUVISION Associates may participate in other multilevel or network marketing businesses. However, TRUVISION associates may not recruit, directly or indirectly, other TRUVISION Associates or Customers for any other network marketing opportunity. Associates may, however, contact their personally enrolled downline associates and immediate family members (parents, siblings, and children). Any Cross-recruiting (defined as the solicitation of downlines specified above for another MLM company) may be grounds for termination from TruVision.
*TruVision Health does not forbid or discourage people from purchasing products or even building networks with other MLM companies. Our only request is that the integrity of the organizations of other associates be respected.
Actual or attempted cross-recruiting is strictly prohibited. “Cross-recruiting” is defined as the enrollment of an individual who or entity that already has a current Associate or Customer agreement on file with TRUVISION.
3.8- Errors or Questions
If a TRUVISION Associate has any questions or believes any errors have been made by TRUVISION, TRUVISION Associates must notify TRUVISION with 60 days of the purported error. TRUVISION will not be held responsible for any error not reported to TRUVISION within 60 days.
3.9- Excess Inventory Purchases Prohibited
Any purchase of TRUVISION product that exceeds $2,000 must be approved by the an executive of TRUVISION.
3.10- Income Taxes
Each TRUVISION Associate is responsible for paying local, state/provincial, and federal taxes on any income generated as an Independent Associate. If a TRUVISION business is tax exempt, the federal tax exempt number must be provided to TRUVISION. Every year, TRUVISION will provide the appropriate tax forms to Associates based on the respective government requirements.
3.11- Re-packaging and Re-labeling Product
Associates may not repackage, relabel, refill, or alter the packaging or label on any TRUVISION product, information, material, or program in any way. TRUVISION products must be sold in their original containers.
All active Associates in good standing have the right to enroll others into TRUVISION. Each prospective Associate or Customer has the ultimate right to choose his or her own direct upline, subject to the following provisions:
3.12.1 If two Associates claim to be the direct upline of the same new Associate or Customer, the first properly completed application received by TRUVISION, whether by fax, mail, telephone, or online submission, shall be controlling.
3.12.2 If two Associates claim to be the direct upline of the same new Associate or Customer, and no application is on file, the first Associate who attempted to recruit the new Associate or Customer shall be the sponsor of the new Associate or Customer.
3.12.3 In no event shall a Associate or Customer be sponsored by TRUVISION directly without first applying with TRUVISION to be directly sponsored, which application must be approved by an executive of TRUVISION. In the event that a prospective Associate or Customer has been recruited by another Associate, the prospective Associate or Customer is not eligible to be sponsored by TRUVISION.
Section 4- Responsibilities of Associates
4.1- Change of Address or Telephone
TRUVISION Associates must keep their application information current with TRUVISION. TRUVISION is not responsible for lost product or material in the event that an associate or customer fails to notify TRUVISION upon a move or change of address.
4.2- Continuing Upline Services
Upline Associates have a continuing obligation to provide adequate upline support to their downline Associates. Failure to provide adequate support to an individual or an organization may result in restructuring of a group to provide necessary support
TRUVISION values constructive criticism and feedback; however, Associates must not make disparaging remarks about TRUVISION, its products, compensation plan, employees, or owners. TRUVISION maintains a policy to avoid negativity in all areas. Any disparagement in conversation, social media, video or written format may be grounds for termination.
Section 5- Sales Requirements
5.1- Product Sales
At least 70% of a TRUVISION Associate’s total monthly personal sales volume must be sold to Customers, used as business building product or used by the TRUVISION Associate or his or her immediate family.
5.2- No Price or Territory Restrictions
TRUVISION Associates may sell TRUVISION Products at whatever price they choose; however, Associates may not advertise TRUVISION products at a price that is less than the wholesale price. There are no exclusive territories granted to anyone and no franchise fee is required.
Section 6- Bonuses and Commissions
6.1- Bonus and Commission Qualifications
A TRUVISION Associate must be active and in compliance with this Agreement in order to qualify for bonuses and commissions. So long as a TRUVISION Associate complies with the terms of this Agreement, TRUVISION shall pay bonuses and commissions in accordance with the TRUVISION Compensation Plan. The minimum amount for which TRUVISION will issue a check is $5.00.
6.2- Adjustment to Bonuses and Commissions
6.2.1- Adjustments for Returned Products
When a product is returned to TRUVISION for a refund, the bonuses and commissions attributable to the returned product(s) will be deducted from the Associates who received bonuses and commissions on the sales of the refunded products. The deduction(s) will occur in the month in which the refund is given and continue every pay period thereafter until the commission is recovered.
6.2.2- Other Deductions
TRUVISION may deduct fees from TRUVISION Associate’s bonus and commission checks for services and products TRUVISION provides to TRUVISION Associates.
Section 7- Product Guarantees, Returns and Inventory Repurchase
7.1- Refund Policy
TruVision Health offers a sampling program for people to try our products prior to making a commitment to purchase larger quantities. This takes the place of a traditional “money back guarantee.” We encourage all people to to sample our products prior to making any commitments to purchase larger volumes of product. TruVision will offer a 90% return policy on items returned in resaleable condition.
7.1.1- Cooling off Period
TRUVISION Associates must inform Retail Customers of their right to rescind a purchase or an order within 72 hours, and ensure that the date of the order or purchase is entered on the order form. A Retail Customer who makes a purchase of $25.00 or more has three business days (Saturdays constitute business days) after the sale or execution of a contract to cancel the order and receive a full refund. Alaska residents have ten days.
7.1.2- Returns by Associates (Products Returned by Retail Customers)
If a Retail Customer returns a product to the Associate from whom it was purchased, the Associate may return it to TRUVISION for an exchange or refund (less shipping and handling). All products returned by Retail Customers must be returned to TRUVISION within ten days from the date on which it was returned to the Associate.
7.2- Return of Inventory and Sales Aids by Associate
Upon cancellation of a TRUVISION Associate’s Agreement, the Associate may return inventory and sales aids for a refund if the product is in resalable condition. Upon receipt of the products and sales aids, the Associate will be reimbursed 90% of the net cost of the original purchase price(s), less shipping and handling charges. If the purchases were made through a credit or debit card, the refund will be credited back to the same account. TRUVISION shall deduct from the reimbursement paid to the Associate any commissions, bonuses, rebates or other incentives.
7.3- Returns Procedure from Associates to TRUVISION
All returned products must have a Return Goods Authorization Number which is obtained by calling the TRUVISION Customer Service Department. The Return Goods Authorization Number must be written on each carton returned.
Section 8- Dispute Resolution and Disciplinary Proceedings
8.1- Disciplinary Sanctions
Violation of these Policies and Procedures, or any illegal, fraudulent, deceptive or unethical business conduct by a TRUVISION Associate may result in the termination of Associate’s rights and other legal action.
8.2- Grievances and Complaints
When a TRUVISION Associate has a disagreement or complaint with another TRUVISION Associate, the TRUVISION Associate should first report the problem to his or her direct upline who should try to resolve it with the other party’s direct upline. If and only if the matter cannot be resolved between associates, please contact TRUVISION Customer Service.
Any controversy or claim arising out of or relating to the Agreement shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
Associates waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in the City of Salt Lake, State of Utah. 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 which the American Arbitration Association provides. 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 TRUVISION 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 TRUVISION’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. The law of the state of Utah shall govern all other matters relating to or arising from the Agreement.
Section 9- Sales and GST Tax
TRUVISION Associates do not have the obligation of collecting sales or GST taxes and completing periodic tax reports. TRUVISION charges all appropriate taxes on purchases made by Associates and Customers and pays the taxes to states, provinces, and local governments. TRUVISION collects and remits sales and GST taxes for TRUVISION Associates according to applicable tax rates in the state or province to which the shipment is destined.
If a Associate has submitted a current Sales Tax Exemption Certificate and Sales Tax Registration License, sales taxes will not be added to the invoice and the responsibility of collecting and paying sales taxes to the appropriate authorities shall be on the Associate. Exemption from the payment of sales tax is applicable only to orders which are shipped to a state or province for which the proper tax exemption papers have been filed and accepted. Applicable sales taxes will be charged on orders that are drop-shipped to another state/province. Any sales tax exemption accepted by TRUVISION is not retroactive.
Section 10- Inactivity and Cancellation
10.1- Effect of Cancellation
A Associate’s bonuses and commissions constitute the entire consideration for the Associate’s efforts in generating sales and all activities related to generating sales (including building a downline organization). Following a Associate’s cancellation for inactivity or voluntary or involuntary cancellation of his or her Associate Agreement, the former Associate shall have no right, title, claim or interest to the downline organization that he or she operated, or any commission or bonus from the sales generated by the organization. A Associate whose TRUVISION Business is cancelled will permanently lose all rights as a Associate. In the event of cancellation, Associates agree to waive all rights they may have, including but not limited to property rights, to their former downline organization and to any bonuses, commissions or other remuneration derived from the sales and other activities of his or her former downline organization. Following a Associate’s cancellation of his or her Associate Agreement, the former Associate shall not hold himself or herself out as a TRUVISION Associate. A Associate whose Associate Agreement is cancelled shall receive commissions and bonuses only for the last full pay period he or she was active prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
10.2- Cancellation Because of Inactivity
If a Associate has not made at least one product purchase during six consecutive commission periods (and thus become “inactive”), his or her Associate Agreement may be cancelled for inactivity. Product purchase includes purchases, by the Associate, of commissionable TRUVISION product. A Associate whose TRUVISION Business is cancelled for inactivity shall be reclassified as a Preferred Customer and shall be entitled to purchase TRUVISION products at the wholesale price, but will not be entitled to participate in the TRUVISION compensation plan.
10.3- Suspension or Involuntary Cancellation
A Associate’s violation of any of the terms of the Agreement may result in sanctions including the suspension or involuntary cancellation of his or her Associate Agreement. If a TRUVISION Business is involuntarily cancelled pursuant to this section, the TRUVISION Business will remain in its current position, and its downline organization will remain intact until TRUVISION has recouped all costs and losses associated with the TRUVISION Business cancellation. Once TRUVISION has recouped all costs and losses, the cancelled TRUVISION Business shall be terminated, and the downline organization will “roll up”.
10.4- Voluntary Cancellation
TRUVISION Associates have a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing. The written notice must include the Associate’s signature, printed name, address, and Associate I.D. Number. The downline organization will “roll up”.