Young Living Essential Oils
Independent Distributor
Policies and Procedures
February 2010
Table of Contents:
Section 1: Introduction
Section 2: Becoming a Distributor
Section 3: General Policies
Section 4: Sponsor's Responsibilities
Section 5: Advertising
Section 6: Sales Requirements
Section 7: Commissions and Bonuses
Section 8: Product Returns
Section 9: Ordering
Section 10: Shipping
Section 11: Payment
Section 12: Distributor Account Management
Section 13: Dispute Resolution and Disciplinary Action
Section 14: Inactivity, Reactivation, and Cancellation
SECTION 1 INTRODUCTION
1.1 Welcome
Welcome to Young Living Essential Oils! We are pleased that
you have chosen to join our Company. Young Living is dedicated to
providing you with the best products and business opportunity that you
can find anywhere.
Leading financial experts and business gurus all agree that the
home-based business sector is the wave of the business future. The time
that you invest in becoming familiar with our Company, including the
Policies and Procedures, will make a significant difference in your
business experience. It will also be helpful to keep in touch with your
upline support team on a regular basis to stay informed of the latest
information regarding Young Living's products, business, support
programs, meetings, and events. Be proactive and seek the needed support
from your upline sponsor or other upline leader. If you are unable to
obtain the support you need, please call the Customer Care Department at
(1-800-371-3515) for assistance.
1.2 Purpose
The purpose of the Independent Distributor Policies and Procedures is:
- To set standards of acceptable business behavior
- To define the relationship between you and Young Living (YL)
- To assist you in building and protecting your business
1.3 Policies Incorporated in the Distributor Agreement
Throughout these Policies and Procedures, whenever the term
“Agreement” is used, it refers collectively to the Young Living
Distributor Application and Agreement, the order form, the Policies and
Procedures, and the compensation plan. These documents are incorporated
by reference into the YL Distributor Agreement (in their current form
and as amended by Young Living). It is the responsibility of each
distributor to read, understand, adhere to, and ensure that he/she is
operating under the most current version of the Policies and Procedures.
1.4 Code of Ethics
Young Living has established the following Code of Ethics to
govern the Independent Distributor's business. You are required to
become familiar with and agree to abide by this code as a condition of
extending your Independent Distributor relationship. Violations of the
Code of Ethics or the Policies and Procedures may result in termination
of your distributor contract and your opportunity to participate in the
Young Living business. Be sure you understand the principles and
policies each of these code commitments entails.
Code of Ethics
- I will follow the highest standards of honesty and integrity in the development and operation of my Young Living business.
- I will give prompt and efficient service to anyone to whom I have introduced Young Living's products.
- I will make no claims for, or representations about, any Young
Living products, other than those claims or representations found in
current Company literature or on labels.
- I will not make negative or disparaging remarks about anyone who
may be in competition with Young Living, or with their people, products,
or organizations.
- I will not engage in activities that may cause losses to Young Living or to any other Young Living Independent Distributor.
- I will not use the Young Living trademark, trade name, logo,
information, distributor lists, literature, meetings, gatherings, or
Young Living resources to further other business interests.
- I will perform all duties of a sponsor and a leader as I build my Young Living business.
- I will respect the privacy of both my upline and downline
distributors and customers and comply with section 3.10 of these
Policies and Procedures.
- I will present the Young Living compensation plan accurately and
honestly, clearly portraying the level of effort required to achieve
success without exaggerating the financial possibilities.
- I will abide by all rules, regulations, laws, and ordinances that
are applicable to the operation of my Young Living business as a
distributor.
1.5 Amendments/Acceptance
The Company may amend the terms and conditions of the
Distributor Agreement, Policies and Procedures, compensation plan, and
Product Price List. The changes will become effective fifteen (15) days
after first published by Young Living. Such amendments or modifications
shall be made known through official Young Living publications
distributed to all active distributors or posted to the web (e.g.,
e-News).
If a distributor is not willing to accept these changes, Young
Living must be notified in writing within these fifteen (15) days prior
to the change being effective. Any continued business, ordering,
acceptance of a commission or bonus payout or any other benefit by a
distributor pursuant to this Agreement constitutes acceptance of this
Agreement in whole with any and all amendments.
1.6 Delays
Young Living shall not be responsible for delays and failures
in performing its obligations due to circumstances beyond its
reasonable control. This includes, without limitation, acts of God,
strikes, labor difficulties, riots, wars, fire, flood, death,
curtailment or interruption of a source of supply, government decrees or
orders, etc.
1.7 Partial Validity
If any provision of the Distributor Agreement, in its current
form or as it may be amended, is found to be invalid or unenforceable
for any reason, only the invalid portion(s) of the provision shall be
severed. The remaining terms and conditions 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 continuation of a
distributor's Young Living business or a distributor's acceptance of
bonuses or commissions constitutes acceptance of any and all amendments.
1.8 Waiver
Young Living never forfeits its right to require compliance
with this Agreement or with applicable laws and regulations governing
business conduct. Only in rare circumstances will a policy be waived,
and the Compliance Officer or another officer of the Company will convey
such waivers in writing. The waiver will apply only to that specific
case.
While Young Living attempts to enforce the Agreement uniformly,
failure to enforce any provision of this Agreement does not waive Young
Living's right to enforce any provisions with that same distributor or
any other distributor.
1.9 Titles Not Substantive
The titles and headings to these Policies and Procedures are
for reference only and therefore do not constitute and shall not be
construed as substantive terms of the Distributor Agreement.
SECTION 2 BECOMING A DISTRIBUTOR
2.1 Requirements to Become a Young Living Distributor
To become a Young Living distributor, each applicant must:
- Be at least eighteen (18) years of age;
- Have a valid Social Security (SSN) or Federal Tax ID Number (TIN) if residing within the United States;
- Read the Young Living Policies and Procedures and compensation plan insert; and
- Complete, sign, and submit a Distributor Application and Agreement to Young Living within thirty (30) days of enrollment.
The Company reserves the right to reject any application from a new distributor.
2.2 Enrollment Kit
The applicant is required to purchase a Young Living Start
Living Kit ($40.00) or an enrollment kit, containing the Start Living
Kit, in order to become a distributor and receive wholesale pricing. The
Start Living Kit contains materials designed to familiarize new
distributors with Young Living's products, services, sales techniques,
sales aids, and other training materials. The kit also includes samples
of various products and promotional tools.
2.3 Distributor Application
Applicants must submit a Distributor Application and
Agreement form to Young Living. Applications may be submitted through
mail, fax, or the official Young Living website and must be received
within thirty (30) days of enrollment to continue receiving distributor
benefits. If not received, the applicant's account will be placed on
hold until the form is received.
If a distributor, for whatever reason, fails to submit a
completed Distributor Application, they hereby consent to these Policies
and Procedures in their entirety, by participating as a distributor and
receiving distributor pricing on orders.
2.4 Telephone Registration
You may also register via telephone. However, a completed
Distributor Application and Agreement must be submitted and received by
corporate headquarters within thirty (30) days of any telephone
registration. Failure to submit a completed application by the
thirty-day deadline negates your ability to purchase Young Living
products.
Retail Customers and Preferred Customers may register via telephone and are not required to submit a Distributor Agreement.
2.5 Web Applications
If you register via the website (www.youngliving.com) or any
official replicated website, you will not need to submit a paper
application.
SECTION 3 GENERAL POLICIES
3.1 Independent Contractor Status
As a Young Living distributor, you are an independent sales
contractor and are not a purchaser of a franchise or business
opportunity. The agreement between you and Young Living does not create
an employer/employee relationship, agency, partnership, or joint
venture. You have no authority (expressed or implied) to bind the
Company to any obligation. You are encouraged to establish your own
goals, hours, and methods of sale as long as you comply with applicable
laws and the terms and conditions of the Distributor Agreement.
3.2 Types of Customers
Member:
The generic term
used to identify a Young Living distributor, customer, or professional
account. Young Living reserves the right to accept or reject any new
members.
Retail Customer:
A member who chooses not to participate in the Young Living business
opportunity, but rather desires only to purchase the products directly from the Company
for personal consumption. Retail Customers purchase products at the
published customer/retail price. Retail Customers' purchases apply
toward the sponsor's Personal Volume (PV). Thus, orders placed by any of
your retail customers count to qualify you in the compensation plan as
if you had placed the order personally. Retail Customers do not
participate in the Young Living business or network marketing plan.
Preferred Customer:
A customer who is
participating in the Essential Rewards program (see Section 9.2).
Preferred customer pricing is 12% below the Retail Customer price.
Preferred customers' purchases apply toward the sponsor's Personal
Volume (PV). Thus, orders placed by any of your preferred customers
count to qualify you in the compensation plan as if you had placed the
order personally. Preferred customers do not participate in the Young
Living business or network marketing plan and must participate in the
Essential Rewards program.
A Retail Customer or Preferred Customer may become a distributor at
any time by completing and submitting the Distributor Application and
Agreement and meeting other distributor requirements.
Distributor:
A distributor (you)
may purchase product from Young Living at the published wholesale price
and have the potential of earning commissions and bonuses based on
qualification and achievement rank in the Young Living compensation
plan. (See the published compensation plan details for specific
information.) When enrolling in Young Living, you must read and agree to
abide by the Policies and Procedures of Young Living and submit a
completed Distributor Application and Agreement. (See Section 2.)
Professional:
A special account
type for business entities that desire to purchase products for resale
in their business establishment. Professional memberships will only be
granted to those who submit a verifiable business license and Federal
Employer Identification Number (EIN). Professionals receive a discount
from the published customer price based on their order amount and the
following schedule:
Purchases of 0–499.99 PV: No discount
Purchases of 500–999.99 PV: 24% discount from retail
Purchases of 1,000 PV or more: 27% discount from retail
To facilitate the discount pricing
offered to professionals, the commission payout to the upline on orders
placed by professional members is reduced by 50%. Professional orders do
count as regular orders for qualification purposes for the upline.
Professionals do not participate in the Young Living business or network
marketing plan and may not participate in the
Essential Rewards program. Professional members must complete the
appropriate application and agree to the professional account terms and
conditions.
3.3 Same Household Distributorship
A rebuttable presumption exists that two or more persons
living in the same household may not sponsor each other or have separate
distributor relationships with Young Living via participation in
another distributor's business as they are assumed to be a family unit
with common interests in each of the household's accounts. Unless Young
Living is presented with sufficient evidence to the contrary, or is
otherwise satisfied that the multiple accounts in a single household are
truly independent (which decision rests entirely with the management of
Young Living), the rules for same household distributorships shall
apply, which are as follows:
- If one person living in the same household is already a
distributor, the other, non-participating person in the household may
become a co-applicant on the same distributor record as the first
individual, and the distributorship shall be treated as a joint tenancy
with rights of survivorship.
- If two distributors marry, they may combine their distributor
organizations (if one has sponsored the other), sell one of them,
terminate one of them, or they may choose to maintain separate Young
Living distributorships. Contact the Customer Care Department for help
working through the process and gathering any information that may be
necessary to comply with this provision.
Children of a distributor eighteen (18) years of age or older may
become a separate Independent Distributor, as long as they are the
principal participant.
3.4 Corporations, Partnerships, Limited Liability Companies, and Trusts
A partnership, corporation, limited liability company (LLC),
or trust may become a Young Living distributor by submitting to Young
Living a partnership agreement, certificate of incorporation,
articles/certificate of organization (LLC), or trust agreement along
with a copy of the state registration form for the entity or a
certificate of good standing for the entity issued by the state of
incorporation or organization. The registration form or certificate of
good standing must be indicate the names of all of the shareholders,
officers, members, managers, partners, or trustees of the entity, or
have such included with the submission to Young Living. The entity
remains responsible for any indebtedness or other obligation to Young
Living. No individual may participate in more than one distributorship in any form.
A distributor may change status under the same sponsor from individual
to partnership or corporation by submitting the appropriate
documentation mentioned above.
Young Living reserves the right to approve or disapprove any
distributor's change of business names, formation of partnerships,
corporations, and trusts for tax, estate planning, and limited liability
purposes. In addition, by submitting a copy of the certificate of
partnership or incorporation, it is certifying that no person with an
interest in the new business entity has had an interest in another
distributorship within six (6) months of the submission of the
certificate (unless it is the continuation of an existing
distributorship that is changing its form of doing business).
3.5 Sale, Transfer, or Assignment
Young Living reserves the right to approve or disapprove any
distributor's request for sale, transfer, or assignment of their
organization for any reason. You may not sell, transfer, or assign your
distributorship to any person or entity without Young Living's written
approval. To request approval, the following criteria must be met:
a) Young Living must approve of the buyer prior to a sale.
b) The buyer must be (or must become) a qualified Young Living distributor.
c) You must notify Young Living corporate offices of your
intent to sell or transfer the business. The request must be made in
writing with a notarized signature which then must be mailed to Young
Living.
d) No changes in line of sponsorship or your downline can result from the sale or transfer.
e) Before any transfer or sale will be approved, any debt obligations you may have with Young Living must be satisfied.
f) If you are not in compliance with all the terms of this
agreement, Young living shall resolve any such issue prior to reviewing a
transfer or sale request.
g) Young Living does not waive any violations of this agreement
even though a violation may have occurred under a prior owner of a
distributorship. The recipient of any approved transfer or sale of an
organization may be held responsible in the event that a previous
violation of this agreement is discovered to have been made by the prior
owner of the organization after the transfer or sale has been made.
Any action that may be taken on a distributorship with the previous
owner under section 13.3 of this agreement may therefore carry over to
the new owner.
3.5.1 Succession
Upon death or incapacitation, your rights to commissions,
bonuses, and downline organization, together with all distributor
responsibilities, will pass to your legal heir(s) or legal
representative(s). The heir(s) or representative(s) must present Young
Living with proof of death or incapacitation, along with appropriate
legal documentation and a properly completed Distributor Application and
Agreement. A W-9 form is required from the new member. The beneficiary
acquires the right to collect all commissions and bonuses of your sales
organization provided that he and/or she meet all of the qualifications
necessary for the compensation plan and this transfer is completed.
3.6 Separation of a Young Living Distributor Business
Young Living distributors sometimes operate their Young
Living businesses as husband/wife partnerships, regular partnerships,
corporations, or trusts. At such time as a marriage may end in divorce
or a corporation, partnership, or trust (the latter three entities are
collectively referred to herein as “entities”) may dissolve,
arrangements must be made to assure that any separation or division of
the business is accomplished so as not to adversely affect the interests
and income of other business upline or downline of sponsorship. If the
separating parties fail to provide for the best interests of other
distributors and the Company, it is a violation of this Agreement, and
Young Living may involuntarily terminate the Distributor Agreement
pursuant to Young Living Policies and Procedures.
During the proceedings of a divorce or entity dissolution, the parties must adopt one of the following methods of operation:
- One of the parties may, with consent of the other(s),
operate the business pursuant to a notarized assignment in writing
whereby the relinquishing party(ies) authorize(s) Young Living to deal
directly and solely with the other party(ies). A notarized request from
the person being removed is required. A new Distributor Agreement and
W-9 form is required from the person remaining on the account.
- The parties may continue to operate the Young Living
business jointly on a “business-as-usual” basis, whereupon all
compensation paid by Young Living will be paid in the joint names of the
distributors or in the name of the entity to be divided as the parties
may independently agree among themselves.
- Pursuant to a court order involving parties.
- If one of these requirements is not met, Young Living will maintain the status quo as to how commissions are paid.
Under no circumstances will the downline organization of
divorcing spouses or a dissolving business entity be divided. Similarly,
under no circumstances will Young Living split commission and bonus
checks between divorcing spouses or distributors of dissolving entities.
Young Living will recognize only one downline organization and will
issue only one commission check per Young Living business per commission
cycle. Commission checks shall always be issued to the same individual
or entity, unless agreed by all parties that the commissions will be due
and paid to another party or by order of a court having jurisdiction
over Young Living. If a former spouse or a former entity affiliate has
completely relinquished all rights in his/her original Young Living
business, he/she is thereafter free to enroll under any sponsor of
his/her choosing. However, in such case the former spouse or partner
shall have no rights to any distributors in their former organization or
to any former customers. They must develop the new business in the same
manner as would any other new distributor.
3.7 Roll-Up of Marketing Organization
When a vacancy occurs in a marketing organization due to the
termination of a Young Living business, each distributor in the first
level immediately below the terminated distributor on the date of the
cancellation will be moved to the first level (“front line”) of the
terminated distributor's sponsor. For example, if A sponsors B, and B
sponsors C1, C2, and C3, if B terminates her business then C1, C2, and
C3 will “roll-up” to A and become part of A's first level.
- Enroller is changed to null
3.8 Taxes
3.8.1 Income Taxes
You are responsible for complying with the tax laws in the
jurisdiction where you reside. In the United States, you are responsible
for paying local, state, and federal income taxes on any earnings
generated through your Young Living business. Distributors who enroll
are required by law to provide their Social Security or Federal Tax
Identification Number for tax reporting purposes. Those who do not
submit a valid tax ID number may be subject to backup withholdings,
possible processing fees, customer status change, and may be required to
submit a W-9 form or other tax documentation. Any fines or penalties
incurred by Young Living because of an incorrect taxpayer ID number or
name will be your responsibility and you agree to reimburse Young Living
for these costs. Every year, Young Living will provide an IRS Form 1099
MISC (Non-Employee Compensation) earnings statement to each U.S.
resident who falls into one of the following categories:
a) Had earnings over $600 in the previous calendar year; or
b) Made purchases during the previous calendar year in excess of $5,000.
Preferred customers and customers are not required to provide
their Social Security or Federal Tax Identification Number to Young
Living.
Changes to a SSN or TIN must be received via a completed W-9
form. The name and TIN on a member's account must match IRS records.
These forms must match the signature of the owner on the account. For
tax reporting purposes, changes to these numbers will result in the
creation of a new account, therefore assigning a new member number to
ensure that the correct name is used with the correct TIN and owner of
the account. No previous 1099s may be reissued under the new SSN or TIN.
Earnings made before the change will be reported on the original TIN.
Earnings after any change will be recorded on the new TIN.
A co-applicant may be added with the consent of the primary
distributor. Taxes will be reported on the primary distributor's tax
number.
3.8.2 Sales Taxes
Young Living is required to collect and remit sales taxes on
your behalf based on the published retail price of the product and
according to tax rates of the state in the “ship to” address on any
given order. If you have a physical business location where you are
retailing product, you must submit to the Company a valid resale
exemption certificate, a business license, a picture of the store front,
and a letter stating why you should be tax exempt. Young Living
reserves the right to verify the validity of the resale certificate and
some evidence of resale. The responsibility of collecting and remitting
sales taxes to the appropriate authorities will then fall to you. Young
Living may be required by other countries to collect value added taxes
for which you will be responsible. Any questions concerning retail tax
requirements should be directed to your tax advisor.
3.9 Distributor Claims and Representation
3.9.1 Indemnification
You are fully responsible for all verbal and written
statements you make regarding Young Living's products, services, and the
compensation plan which are not expressly contained in official Young
Living materials. You agree to indemnify Young Living and Young Living'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 Young Living as
a result of the distributor's unauthorized representations or actions.
This provision shall survive the termination of the Distributor
Agreement.
3.9.2 Product Claims
No improper claims about the products may be made. In
particular, you may not make any claim that Young Living's products are
useful in the prevention, treatment, or cure of any disease or
condition. Do not make any statements or claims that are false or
misleading concerning Young Living's products. You must comply with all
laws, both state and federal, regarding any statements made.
You may not diagnose or prescribe any Young Living product unless
you are a licensed medical professional authorized to do so. Anyone
improperly diagnosing or prescribing Young Living's products may
jeopardize the future of Young Living and all of its distributors and
therefore will be subject to termination of their distributorship.
3.9.3 Income Claims
No false or misleading income projections may be made to
prospective distributors. In their enthusiasm, distributors are
occasionally tempted to represent hypothetical income figures based upon
the inherent power of network marketing as actual income projections.
This is counterproductive since new distributors may be quickly
disappointed if their results are not as extensive or as rapid as a
hypothetical model would suggest. The income potential of a Young Living
distributor is great enough to be highly attractive in reality without
resorting to artificial and unrealistic projections.
Moreover, the Federal Trade Commission and several states have
laws or regulations that regulate or even prohibit certain types of
income claims and testimonials made by persons engaged in network
marketing. While distributors may believe it beneficial to provide
copies of checks or to disclose the earnings of themselves or others,
such approaches have legal consequences that can negatively impact Young
Living, as well as the distributor making the claim, unless appropriate
disclosures required by law are also made contemporaneously with the
income claim or earnings representation. Because Young Living
distributors do not have the data necessary to comply with the legal
requirements for making income claims, a distributor, when presenting or
discussing the Young Living opportunity or compensation plan to a
prospective distributor, may not make income projections, income claims,
or disclose his or her Young Living income (including the showing of
checks, copies of checks, bank statements, or tax records). Young Living
distributors must comply with all local and federal laws.
3.10 Deceptive Practices
3.10.1 Unauthorized Recruiting
3.10.1.1 Recruiting
Distributors may engage in other business ventures, including
other selling activities, involving products, services, or business
opportunities not offered or marketed by Young Living. However,
distributors may not take advantage of their knowledge of or association
with other distributors whom they did not personally sponsor, including
their knowledge resulting from or relating to their individual lines of
sponsorship, in order to promote and expand such other business
ventures. Such conduct constitutes an unwarranted and unreasonable
interference with the business of other distributors and Young Living.
3.10.1.2 Contacts Beneath First-Level Absolutely Prohibited
Every distributor agrees not to solicit, directly or indirectly,
other distributors whom he or she did not personally sponsor in order
to sell, offer to sell, or promote other products, services, or business
opportunities, investments, securities, or loans not offered or
marketed by Young Living.
3.10.1.3 Competition with Compensation Plan
Every distributor agrees not to sell, offer to sell, or promote
any other business opportunities, products, or services in connection
with Young Living's compensation plan.
3.10.2 Cross-Line Recruiting
Actual or attempted cross-line recruiting or sponsoring is
strictly prohibited. “Cross-line recruiting” is defined as the
sponsoring or attempted sponsoring of an individual or entity that
already has a current Distributor Agreement on file with Young Living
within a different line of sponsorship or with a different sponsor.
The use of a spouse's name, trade names, DBAs (Doing Business
As), assumed names, corporations, trusts, federal ID numbers, or
fictitious ID numbers to circumvent this policy is prohibited.
You shall not demean, discredit, or defame another Young Living
distributor especially in an attempt to entice another distributor to
become part of your marketing organization.
3.10.3 Bonus Buying and Stacking
“Bonus buying” includes (a) the enrollment of individuals or
entities without their knowledge of and/or execution of a Distributor
Application and Agreement by such individuals or entities; (b) the
fraudulent enrollment of an individual or entity as a distributor or
customer; (c) the enrollment or attempted enrollment of non-existent
individuals or entities as distributors or customers (phantoms); or (d)
the use of a credit card by or on behalf of a distributor or customer
when the distributor or customer is not the account holder of such
credit card without written authorization.
The term “stacking” includes, without limitation: (a) the failure
to transmit to Young Living, or the holding of a Distributor
Application and Agreement in excess of two (2) business days after its
execution; (b) the placement or manipulation of Distributor Applications
and Agreements for the purpose of maximizing compensation pursuant to
Young Living's compensation plan; (c) providing financial assistance to
new distributors for the purpose of maximizing compensation pursuant to
Young Living's compensation plan; d) buying products or drop shipping
through another's account to increase the payout of your
distributorship; or e) having a beneficial interest in more then one
distributorship.
Bonus buying and stacking are material breaches of these Policies and Procedures and are strictly and absolutely prohibited.
3.10.4 Repackaging and Relabeling
You may not relabel, alter the labels of, repackage, or
refill any Young Living product. Young Living's products must be sold in
their original containers only. Such relabeling or repackaging would
violate governing laws, which could result in severe criminal penalties.
3.11 Downline Genealogy Reports
The Young Living Genealogy Reports are confidential and
contain proprietary business trade secrets. You may not use the report
for any purpose other than for developing and supporting your Young
Living business.
During any term of the Distributor Agreement and following the
termination or expiration of the Agreement between you and Young Living
for any reason whatsoever, you shall not, on your own behalf or on
behalf of any other person, partnership, or other entity:
- Disclose any information contained in the reports to any third party;
- Use the reports to compete with Young Living;
- Recruit or solicit any distributor or customer listed on the
reports to participate in other multi-level or direct marketing
ventures; or
- Use or disclose to any person, partnership, association,
corporation, or other entity any information contained in any downline
Genealogy Report or termination of your distributorship.
Upon demand by the Company, you will return the original and all
copies of downline Activity Reports (including electronic files) to the
Company. This provision shall survive the termination or cancellation of
this Agreement.
3.12 Product Liability Coverage
Young Living maintains insurance to protect the Company
against product liability claims. It is Young Living's intent to share
our coverage benefits with Independent Distributors so long as they are
marketing Young Living's products in accordance with applicable laws and
regulations, the Distributor Agreement, and any directives that may be
issued by Young Living. It is not our intent to share our coverage, nor
is the product liability insurance intended to extend coverage, for
claims that arise as a result of a distributor's misconduct in storing,
labeling, describing, marketing or promoting the products.
3.13 Commercial Outlets
You may display Young Living's products in commercial outlets
where professional services are the primary source of revenue and
product sales are secondary, such as approved service-oriented
establishments, including, but not limited to, health spas, beauty
shops, and physicians' and chiropractors' offices.
3.14 Trade Shows and Expositions
You may display and/or sell Young Living's products at trade
shows and expositions. All literature displayed at the event must be
official Young Living literature and must clearly identify yourself as
an Independent Distributor.
3.15 International
As Young Living develops an increasingly international
presence, careful attention must be given to country-specific legal and
tax considerations if your developed downline is in other countries.
Compliance with foreign laws regarding intellectual property, customs,
taxation, literature content, and other direct selling guidelines is
critical to successful international expansion.
Consequently, you are authorized to market and sell Young
Living's products and services and to recruit and sponsor other
distributors only in countries in which Young Living is authorized to
conduct business, as listed in official Young Living literature. Because
unauthorized pre-market opening activity may jeopardize the Company's
ability to enter a new market and result in loss of opportunity for many
other distributors, those who engage in unauthorized pre-market opening
activity will be subject to disciplinary measures, possibly leading to
termination. You are not authorized to register product, trade names, or
IP addresses in any country for or in behalf of Young Living.
Any violator agrees to indemnify the Company for any such
activity that damages the Company including, but not limited to, loss of
profit, loss of goodwill, any damages, and reasonable attorney's fees.
If a distributor desires to sponsor internationally in a country
officially recognized as open, certain requirements must be met. A
distributor must:
- Be in good standing in the country of residence;
- Read and understand the Policies and Procedures in place for the country into which they are sponsoring;
- Agree to follow all company Policies and Procedures for this country
- Agree to follow any and all applicable laws of such foreign country; and
- Agree to any tax withholdings that may be required for that foreign country
Distributors will not import or sell product into any country
that is not legally importable or saleable. Distributors will follow all
laws in any country into which they sponsor, including, but not limited
to, all direct selling laws, all solicitation laws, all advertising
laws, all claims laws, all tax laws, and any other laws that apply to
operating a distributorship in a foreign country.
In some countries, customers may purchase Young Living products
on a not-for-resale basis as customers. This product, if so allowed, can
only be used by the purchaser and not resold.
SECTION 4 SPONSOR'S RESPONSIBILITIES
4.1 Sponsoring
All distributors in good standing have the right to sponsor
others in Young Living. Each prospective distributor has the ultimate
right to choose his or her own sponsor. If two distributors claim to be
the sponsor of the same new distributor or customer, the Company shall
regard the first application received by the Company as binding.
4.2 Ongoing Supervision, Training, and Sales
As a sponsor, you are expected to train, supervise, and
communicate with your sales organizations through letters, newsletters,
meetings, telephone contacts, voice mail, electronic mail, trainings,
and by accompanying enrollees to Young Living's training meetings.
4.3 Non-Disparagement
In setting the proper example for your downline, you must not
disparage, slander, or defame other Young Living distributors, Young
Living's products, the compensation plan, or the Company's employees.
Such disparagement constitutes a material breach of these Policies and
Procedures and may result in termination of your distributorship.
4.4 Reporting Policy Violations
You should report any observed policy violations to the Young Living Distributor Compliance Department by e-mailing distributorcompliance@youngliving.com or calling the Customer Care Department.
SECTION 5 ADVERTISING
You must not make false or fraudulent claims about Young Living's
products, the compensation plan, or its income potential. You may use
your own materials as long as they legally comply with all applicable
laws and are marked as Independent Distributor.
5.1 Use of Company Materials
To prevent inadvertent errors or illegal claims, you should
strive to use the current Young Living literature for advertising and
describing Young Living's products or programs. The materials must be
used in context so as not to be misleading.
All Young Living materials—whether printed, on video or DVD,
produced by sound recording, or any other electronic format—are
copyrighted and may only be reproduced in whole or in part when
authorized by Young Living. Anyone found copying audio, video, or
written materials produced by Young Living or its personnel without
written approval is subject to disciplinary action.
There is no recording permitted during any Young Living
convention or meeting. Anyone found recording the Young Living
convention or any other Young Living meeting will be escorted out and
subject to disciplinary action, and the tapes will be confiscated.
Production or distribution of a distributor's notes from any Young Living event is prohibited.
5.2 Trademarks and Copyrights
The name of Young Living, Young Living Essential Oils, Young
Living Lavender Farms, or any other names that may be adopted by Young
Living, such as trade names, trademarks, logos, and slogans of Young
Living, and the web address or URL (or any names that are confusingly
similar) are proprietary to Young Living and of great value. You may
only advertise Young Living's products using the Young Living logos or
trademarks with written permission. All advertising material not
produced by Young Living must use the words “Independent Distributor” to
clearly show you are representing the Company in the capacity of an
Independent Distributor.
5.3 Media Inquiries
You may not attempt to respond to media inquiries regarding
Young Living, its products or services, or your independent Young Living
business. All inquiries by any type of media must be immediately
referred to the Young Living Distributor Compliance Department. This
will ensure that accurate and consistent information reaches the general
public.
5.4 Distributor-Developed Advertising Materials
Young Living encourages its distributors to promote its
products through use of Young Living produced literature. This material
is copyrighted and should not be reproduced without written permission.
Advertising through any medium, such as television, radio, mail,
newsletters, faxes, or Internet must be done in accordance with all
applicable laws. Distributors are responsible for knowing and complying
with all such local, state, or national laws.
Should a distributor decide to produce and/or use materials other
than materials from Young Living, such distributors must clearly
identify that the material is from an Independent Distributor and not
Young Living.
Any use of advertising material not produced by Young Living must
be compliant with all applicable laws. Such material must be produced
in a professional and tasteful manner. Material must not be used that is
not in compliance with this provision or that reflects poorly upon
Young Living.
Violations may subject a distributor to the sanctions allowed under these Policies and Procedures.
5.5 Domain Names and E-mail Addresses
Distributors may not use or attempt to register any of Young
Living's trade names, trademarks, service names, service marks, product
names, the Company's name, or any derivative thereof for any Internet
domain name in whole or in part, either in the US or abroad. Nor may
distributors incorporate or attempt to incorporate any of Young Living's
trade names, trademarks, service names, service marks, product names,
the Company's name, or any derivative thereof into any electronic mail
address.
5.6 Telephone Solicitation
The use of Young Living's name or copyrighted materials may
not be made with automatic calling devices or “boiler room” operations
to solicit potential members.
5.7 Testimonials and Meetings
5.7.1 Testimonials
You must take every precaution to ensure that any testimonials you use are legal.
- Testimonials must be factual.
- Testimonials must not claim to treat, cure, prevent, or
mitigate any disease. This includes expressed and implied claims. Avoid
all references to any disease. Once Young Living (or an Independent
Distributor) uses a testimonial relating an experience of treating a
disease with the products, those products then become subject to
regulation by the FDA as “drugs,” which require government approval
before they can be lawfully marketed.
- Testimonials should promote the “supportive” nature of the
product. Testimonials about general well-being and the effects on
“systems” of the body are encouraged (i.e., supports normal immune
function, circulatory function, boosts energy level, etc.).
- Any testimonial must comply with all applicable laws.
5.7.2 Meetings
At meetings, people may give testimonials about how the
Company's supplements have helped them. If a person makes a “disease
claim” at a Company-sponsored meeting, the claim may be imputed to the
Company, thereby subjecting the Company and the person to adverse legal
action.
If you are the meeting leader:
- You should not arrange for a disease-cure testimonial.
- You should not personally give a disease-cure testimonial.
- If there is an impromptu disease-cure testimonial from
someone, redirect the discussion by saying, “Our supplements are
designed to improve nutrition; they are not intended to diagnose, treat,
cure, or prevent any disease. However, scientific research has
established a connection between nutrition and many disease conditions.”
Third-party scientific literature that is compliant with local,
state, and federal law may be distributed at a meeting but must be
placed separate and apart from promotional material.
5.8 YLEO Personal Websites
Young Living offers a personalized website to assist in your
marketing efforts. Contact the Customer Care Department for more details
or log in to your Virtual Office at the corporate website for more
information.
5.9 Photographs of Distributors
By becoming an Independent Distributor with Young Living, you
consent to have your picture taken at various Young Living-sponsored
events by Young Living corporate staff, and to have those images used by
Young Living as they see fit in advertising and marketing materials.
You will not be compensated for this usage. If you have a religious or
moral objection to having your picture taken, please notify a member of
Young Living's corporate staff at the event where pictures are being
taken. The provisions of this section will permanently survive the term
of this Agreement.
SECTION 6 SALES REQUIREMENTS
6.1 Product Sales
The Young Living compensation plan is based upon the sale of
Young Living's products and services to end consumers. You must fulfill
specified personal and downline organization sales requirements (as well
as meet other responsibilities set forth in these Policies and
Procedures) in order to be eligible for bonuses, commissions, and
advancement to higher levels of achievement. The following sales
requirements must be satisfied in order for you to be eligible for
commissions:
- A minimum of 70% of your orders must be sold to customers,
preferred customers, or other end users. The sales volume of your
personally enrolled preferred customers shall be included with the sales
determining compliance with the 70% requirement. You may not purchase
additional product until at least 70% of the previous order has been
sold to end consumers.
- You are required to furnish your customers with a sales
receipt, which specifies the date of sale, the amount of sale, the items
purchased, and the Young Living satisfaction guarantee. Additionally,
if you sell product inventory to other distributors, you must provide
the purchaser with a sales receipt. You should maintain copies of all
sales receipts for a period of two (2) years and furnish them to Young
Living at the Company's request. Young Living will maintain records
documenting the purchases of distributor's customers and direct purchase
customers.
- Young Living distributors agree not to stock excessive
inventory and to abide by the 70% rule, which is that 70% of the
distributor's inventory has been sold or consumed prior to ordering
more. By ordering more product, the distributor certifies that 70% of
all prior orders has been consumed or sold. The distributor also agrees
not to purchase inventory for the sole purpose of qualifying for
compensation payments.
6.2 Nonmembers
You may personally sell Young Living's products to nonmembers at any price you choose.
6.3 Customers and Sales Requirements
Nonmember, preferred customer, and customer orders satisfy customer sales requirements.
6.4 Excessive Purchases of Inventory Prohibited
Young Living strictly prohibits the purchase of products in
unreasonable amounts solely for the purpose of qualifying for
commissions, bonuses, or advancement in the Compensation Plan. You may
not purchase more than you can reasonably resell or consume in any
month, nor encourage others to do so.
6.5 No Price or Territory Restrictions
You are not required to sell Young Living's products at the
suggested customer prices set by Young Living in the Young Living
Product Price List. You may sell Young Living's products at any price
you choose. There are no exclusive territories granted to anyone. No
franchise fees are required.
SECTION 7 COMMISSIONS AND BONUSES
7.1 Commissions and Bonus Checks
You must be active, in compliance with this Agreement, and
have no holds on your distributor account to qualify for compensation.
As long as you comply with the terms of the Agreement, Young Living
shall pay commissions on approximately the 20th of each month for the
prior month's sales. Commission amounts under $25 will not be issued as a
check but retained as a credit on account for future product purchases.
7.2 Recap Statements
Detailed reports are available online in the Virtual Office
of the corporate website. If you do not have Internet access, you may
request that the report be faxed or mailed to you for a small fee.
7.3 Adjustments
Distributors agree that adjustments will be made to your
commission check for any processing fees, unpaid balances, or debts owed
for other services. When a product is returned to Young Living for a
refund or is repurchased by the Company, the bonuses and commissions
attributable to the returned or repurchased product(s) will be deducted
from any future commission checks, including that of the upline. Any
other debt may be offset against commission checks.
7.4 Deductions/Maintenance Fees
A monthly maintenance fee is assessed each month and is used
to cover your subscription to the YL quarterly magazine, accounting,
processing, and account maintenance. The fee may be tax deductible, so
consult your personal tax advisor for details. The fee schedule is as
follows:
| Monthly Commissions
|
Fee
|
| $10-49
|
$1.00
|
| $50-99
|
$2.00
|
| $100-499
|
$3.00
|
| $500-999
|
$4.00
|
| $1,000 +
|
$5.00
|
7.5 Errors or Questions
Review your Commission and Bonus Recap statements and report
any errors or discrepancies to Young Living within forty-five (45) days
from the date on the check. Errors or discrepancies which are not
brought to Young Living's attention within forty-five (45) days will be
deemed waived.
7.6 Commissions and Bonuses
Young Living attempts to ensure checks are sent to the proper
address (the address on record with Young Living). For various reasons
beyond Young Living's control, some compensation checks are not cashed
within ninety (90) days. If after ninety (90) days from issue a
compensation check is not cashed, it will be voided and the amount
credited to the distributor's account. After one hundred and eighty
(180) days from issuance, any voided check amounts so credited will be
subject to a monthly maintenance fee of 10% of the amount or $10,
whichever is greater. This maintenance fee will allow Young Living to
search for credit holders, maintain the accounts, and send out requests
and search material. Distributors agree to handle compensation credits
in this manner.
7.7 Other Credits
Any other account credits due to such things as product
returns, credit in lieu of check, promotional credits, etc., will begin
to accrue an account maintenance fee after one hundred eighty (180) days
from issuance of the credit. The account maintenance fee will be 10% of
the credit or $10, whichever is greater.
7.8 Reissue Requests
There is a $35 service charge for reissuing a check before
thirty (30) days have passed from the original date of the check. This
charge will be deducted from the balance owed to the distributor.
SECTION 8 PRODUCT RETURNS
8.1 Return Policy
Young Living reserves the right to review each return or
exchange on a case-by-case basis. Returns will cause promotions,
credits, commissions, and bonuses to be adjusted or reversed, both for
the person making the return and for any upline distributors who
received compensation on such purchases.
8.1.1 Return Guidelines
Any member who is dissatisfied with any Young Living products may return:
- Any unopened product within thirty (30) days after shipment
for a full refund in the same method of payment of the purchase price
and applicable sales tax (less shipping charges).
- Any opened product with which the member is dissatisfied
within thirty (30) days after shipment for a credit on the member's
Young Living account of the purchase price and applicable sales tax
(less shipping charges).
- Any sealed or opened product or defective product with which
a member is dissatisfied up to ninety (90) days after shipment for
credit of the purchase price and applicable sales tax (less shipping
charges and a 10% handling fee).
Customers returning product to distributors will follow the same
return policy and the distributor is responsible for returning the
product to the Company within ten (10) days of receiving the return.
Excessive returns may be deemed an abuse of Young Living's return policy
and may result in suspension of your return privileges and/or
distributorship. Damaged or incorrect shipments of products will not be
subject to fees.
8.1.2 Returns of Inventory by Distributors
If you choose to cancel your Distributor Agreement, you may
return any product inventory or sales aids purchased in the preceding
twelve (12) months for a refund if you are unable to sell or use the
merchandise. You may return only products and sales aids that are in
resalable condition, unless otherwise required by law. Resalable
condition is defined as the same unopened condition as it was purchased
new. You must return the products to Young Living, prepay the shipping
charges, and include a letter explaining that you wish to terminate your
Distributor Agreement and receive a refund. Upon receipt of the
products, you will be reimbursed 90% of the net cost of original
purchase price(s), less shipping charges. The Company shall deduct from
the reimbursement any commissions, bonuses, or other incentives received
by you as a result of the product you are returning.
8.1.3 Product Kits
Any product kit returned to Young Living must be complete;
otherwise the kit will not be eligible for an exchange or refund. No
individual items from a kit will be eligible for a refund.
8.1.4 Return of Promotional Product(s)
For any complimentary item(s) received by the purchaser via a
qualifying purchase or through the buy-one-get-one-free (BOGO)
promotion, returns will be handled as follows:
- If a qualifying purchase is returned in whole or in part,
therefore negating the qualification to receive the complimentary item,
the promoted product(s) must also be returned or the member will be
charged for the free product(s).
- If one of the BOGO products is returned, Young Living will
not credit the member, as Young Living will assume the returned item(s)
is the promoted product(s). If both products of the BOGO are returned,
Young Living will credit the member for the product purchased.
8.2 Procedures for Returns
The following procedures apply to all returns for refund, repurchase, or exchange:
- The customer or distributor who purchased it directly from Young Living must return all products.
- All product(s) must be returned in its original container.
- The return must have a Return Merchandise Authorization number
(RMA) that may be obtained by calling the Customer Care Department. The
RMA number must be written on the outside of each package, or the
shipment will be returned to sender.
- A completed product return form must be included with the package.
- All returns must be shipped pre-paid to Young Living. Young Living does not accept C.O.D. packages.
- If returned product is not received by the Company's distribution
center, it is the responsibility of the member to trace the shipment.
Young Living is not liable for items lost or damaged in transit.
- Volume for exchanges will be counted in the month the exchange transaction was made.
- No refund or exchange will be made for subsequent returns of the same product, except when the product is damaged or defective.
Credits will be issued when Young Living has processed the return.
SECTION 9 ORDERING
9.1 Ordering Methods
All member types may place orders by telephone, fax, mail, YL
website, the Automated Phone Ordering System, or through the Essential
Rewards program. For security reasons, orders will not be accepted via
e-mail.
9.1.1 Phone
When ordering by phone, be prepared to present all
information requested on the Young Living order form. Live operators are
available Monday through Friday from 7:00 a.m. to 7:00 p.m. and
Saturday from 7:00 a.m. to 3:00 p.m. Mountain Time. Payments can be made
by ACH (US banks only, bank draft) or credit card.
9.1.2 Fax
When ordering by fax, print information legibly on the order
form. Payments can be made by ACH (US banks only, bank draft) or credit
card. Orders may be faxed to 1-866-203-5666.
9.1.3 Mail
When ordering by mail, send completed order form with payment to:
Young Living
Attn: Order Entry
3125 West Executive Parkway
Lehi, Utah 84043
Payments may be made by credit card, cashier's check, money order, or personal check (US funds only). DO NOT SEND CASH.
9.1.4 Young Living Website
The corporate website makes ordering and accessing
information online quick and easy. Available twenty-four (24) hours a
day, seven (7) days a week, the website allows you to place online
orders. You will need your member number and password (which should be
kept confidential) to establish a login and security code (four-digit
PIN) at www.youngliving.com. You must keep your PIN secure and only
order on your account.
9.1.5 Automated Phone Ordering System (IVR)
The Automated Phone Ordering System is available seven (7)
days a week, twenty-four (24) hours a day. To place your order on the
Automated Phone Ordering System, please have the following information
available: your member number, security code (four-digit PIN), name,
method of payment (MasterCard, VISA, Discover, American Express, or ACH
US banks only, bank drafts), and a list of products with item numbers.
You may access the Automated Phone Ordering System by calling
1-888-880-1549. You must keep your PIN secure and only order on your
account. Promotions are not honored on this system. Essential Rewards
orders cannot be created or updated on this system.
9.2 Essential Rewards Program
The backbone to any successful networking company is a strong autoship
program. The Young Living Essential Rewards program promotes
consistent ordering and provides valuable incentives to preferred
customers and distributors alike. An Essential Rewards order should be a
standard purchase of product that is used consistently every month. To
enroll in this program, indicate when placing your order that it is an
Essential Rewards order, select the product you would like Young Living
to send you each month, and select the day of the month you would like
the order processed (some limitations on available dates may apply).
This can be done both via live operator, and through the website. The
credit card or bank account from which you authorize payment will be
automatically charged the amount of the order, plus applicable shipping
and sales tax. There is a minimum purchase of 50 Personal Volume (PV)
required.
9.2.1 Essential Rewards Product Credits
Essential Rewards members are eligible to earn Essential Rewards credits based on the following schedule:
1-6 months (consecutively) earn a credit of 10% of the Essential Rewards order each month. (Maximum of 30 credits per month.)
7-12 months (consecutively) earn a credit of 15% of the Essential Rewards order each month. (Maximum of 50 credits per month.)
13 months + (consecutively) earn a credit of 20% of the Essential Rewards order each month. (Maximum of 75 credits per month.)
The credits will be issued to each member's account once the order has been shipped.
9.2.2 Credit Redemption
- The credits are valid for product purchases only (Full PV products only, no sales aids).
- Products purchased with Essential Rewards credits have no PV or other qualification value.
- Credits may only be used after two (2) months of participation.
- Credits must be used on a separate order and may not be combined with any other order.
- Credits may not be used toward special promotional offers.
- Member is required to pay all shipping costs for reward orders
9.2.3 Essential Rewards Changes
An Essential Rewards order may be changed up to midnight
Mountain Time on the date selected for processing through the corporate
website or telephone.
Participation in the Essential Rewards program is purely optional
and does not relieve you from compliance with the customer sales
requirement or compliance with the 70% resale rule.
9.2.4 Essential Rewards Cancellation
If an Essential Rewards order is cancelled or returned, any
unused product credits will be forfeit and the consecutive months of
participation in the program will be reset to zero. If you wish to
cancel your Essential Rewards order, you must do so by speaking with an
operator at 1-800-371-2928 or via the Live Help feature on the Young
Living website.
9.2.5 Essential Rewards Program
Because the Essential Rewards program is an incentive-driven
program designed to help regulate and stimulate sales, it is subject to
change at any time. Contact Customer Service or visit the corporate
website for details on the current Essential Rewards program.
9.3 General Ordering Policies
On mail orders with invalid or incorrect payment, Young Living will
attempt to contact you by phone, mail, or e-mail to obtain another
payment. If these attempts are unsuccessful after five (5) business
days, the order will be cancelled.
For orders to be counted in a given month, they must be received and
accepted on or before the last day of the month. Changes made to
pending orders that have not yet shipped will keep the original date the
order was entered. This may affect commission qualification.
If an item ordered is out of stock or discontinued, Young Living
will attempt to contact you by phone or e-mail so you may select an
alternative item, if qualifications are negatively affected. If we are
unable to contact you or do not receive a response from you within one
to two (1-2) business days, Young Living will remove the item and
process the order.
No C.O.D. orders will be accepted.
Payment plans are not allowed when purchasing product. The balance
may be paid with different credit cards, but must be paid in full before
the order will be shipped.
9.3.1 Back Orders
Because back orders often cause qualification problems and because
some of our products are dependent on uncertain international supplies
beyond our control, Young Living does not usually offer back orders.
Only under unusual circumstances will Young Living offer a back order.
If a back order does occur, no additional shipping charges will be
incurred in shipping the back-dated product.
9.3.2 Month-End Order Processing Cutoff
The month-end order processing cutoff is the last calendar
day of the month at 11:59 p.m. Mountain Time. Mailed and faxed orders
must be received by the last day of the month.
All mailed-in orders will be credited to the month in which they are
received. Even when the end of the month falls on a weekend, holiday, or
a day that the Young Living office is closed, the deadline will not
normally be extended. The Automated Phone Ordering System, the fax line,
and the website are available seven (7) days a week, twenty-four (24)
hours a day, making it possible to place all orders by the end of the
month.
SECTION 10 SHIPPING
10.1 Shipping Methods and Charges
Domestic orders are generally shipped within two (2) business
days (excluding weekends and holidays). A packing slip is included in
each shipment. It contains the order number, member number and name,
product code, product name, price, and the amount and method of payment.
Distributors should keep these packing slips for personal accounting
records. Package tracking is available through most major carriers.
10.2 Shipping Discrepancies
When an order is received, the products should be checked
against the packing slip to make certain there is no discrepancy or
damage. Please notify Young Living of any shipping discrepancies or
damage as soon as possible. Failure to notify Young Living of any
shipping discrepancy or damage within five (5) business days of receipt
of shipment will forfeit your right to request a correction.
A completed Shipping Discrepancy/Damage Claim form, Return
Merchandise Authorization (RMA) number, and a copy of the packing slip
are required for the processing of all shipping discrepancies or damage
claims. If the required forms are not included, Young Living will not
process shipping discrepancies, issue credits, or replace damaged
products. These forms are included in each order when packaged for
shipment.
To correct any problems you may have encountered with your
shipments, please contact the Customer Care Department. Your Customer
Care Representative will discuss the steps to rectify the situation and
issue a Return Merchandise Authorization (RMA) number. You may contact
us by telephone or by fax.
SECTION 11 PAYMENT
11.1 Methods of Payment
Young Living accepts the following payment methods:
- Credit Cards/Debit Cards—VISA, MasterCard, American Express,
and Discover. Using someone else's credit card without their written
permission is illegal and may be grounds for involuntary termination of
your distributorship as well as possible legal action.
- ACH Check Payments—US checking accounts only. The Automatic
Clearing House (ACH) program authorizes Young Living to draft against a
member's bank account for the amount of the order.
- Money Orders or Cashier's Checks—US funds (mail-in orders only).
- Personal Checks—US funds (mail-in orders only).
11.2 Returned Checks and Insufficient Funds
It is your responsibility to ensure that there are sufficient
funds available in your account to cover regular orders and Essential
Rewards orders. If a personal check or ACH check is returned for
non-sufficient funds (NSF), you will not be able to place orders using
personal checks or ACH checks until the balance is paid with a credit
card or a money order. An NSF check will be sent to a collection service
and appropriate processing fees will be charged, and your account will
be placed on suspension. Failure to promptly resolve an NSF check may
result in legal action and possible termination of your distributorship.
Any uncollected amount may be deducted from commissions.
11.3 Commission and Bonus Release Form
You may choose to retain your commissions and bonuses (all or
in part) in the form of a credit on your Young Living account. This
credit would be used against future product purchases, in accordance
with Section 7.8. The Commission and Bonus Release form must be received
and approved by Young Living before your compensation check can be
issued as a credit on account.
SECTION 12 DISTRIBUTOR ACCOUNT MANAGEMENT
12.1 Changes to a Distributor Account
You must immediately notify Young Living of all changes to
the information contained on the Distributor Application and Agreement.
You may update your existing information by submitting a written request
indicating the changes, by submitting a Personal Information Change
Form, or by making such changes in the Virtual Office of the corporate
website. The modifications permitted within the scope of this paragraph
do not include a change of sponsor or tax information.
12.1.2 Sponsor Changes
To protect the integrity of all marketing organizations and
safeguard the hard work of all distributors, Young Living strongly
discourages changes in sponsorship. Accordingly, the transfer of a Young
Living business from one sponsor to another is rarely permitted.
Requests for a change of sponsor must be submitted in writing via mail,
fax, or email to resolutions@youngliving.com and must include the reason for the transfer. Transfers or changes will be considered only under the following circumstances:
- In cases involving fraudulent inducement or unethical
sponsoring, a distributor may request that he or she be transferred to
another organization with his or her entire marketing organization
intact. All requests for transfer alleging fraudulent enrollment
practices shall be evaluated on a case-by-case basis.
- The distributor seeking to transfer submits a written
request including the written approval of the five (5) upline members
whose income will be affected by the transfer. The request is subject to
approval by the Young Living Executive Committee. Any downline
distributors shall remain in the original genealogy and shall not be
moved with the transferring distributor.
- A distributor who has not placed an order in six (6) months
is eligible to transfer to another sponsor of his/her choosing. The
request for the sponsor change must be submitted before any further
orders are placed on the members account. Any downline distributors
shall remain in the original genealogy and shall not be moved with the
transferring distributor.
- The enroller will be set to null.
Problems of attitude, non-support, personality conflicts, or social preferences are not acceptable reasons for a change.
12.1.3 Sponsor/Enroller Changes
A change of sponsor or enroller may be granted if requested
during the new member's first thirty (30) days of enrollment or
reactivation. The request must be in writing via mail, e-mail, or fax.
If a member enrolls using Young Living's placement program, the enrollee
reserves the right to change his or her sponsor and/or enroller within
thirty (30) days over the phone.
12.2 Downline Genealogy Reports
Downline Genealogy Reports are optional and may be ordered at
any time. Members with a personal website may receive two (2) free
e-mailed downline reports per month, upon request, and all reports after
two (2) are $5 each. Members who do not have a personal website will
pay $5 for each e-mail report requested. Members who wish to have the
e-mailed report sent out automatically each month will pay $5 for each
e-mail report, regardless of the member's personal website status.
Members who wish to have the report faxed or mailed will pay $5 for the
first ten (10) pages and ten (10) cents per page after ten (10).
Downline Genealogy Reports contain trade secret information, which is
proprietary to Young Living. Refer to Section 3.11 for restrictions on
using these reports. Young Living may request the return of these
reports at any time, and will require their return upon distributor
termination.
12.3 Regional Account Managers
Upon reaching the rank of Executive, you have access to the
Regional Account Managers These specialists provide you with additional
information and services that may be beneficial in supporting your Young
Living business. For more information, contact the Customer Care
Department.
12.4 The D. Gary Young Foundation: Young Living Outreach
Every person who is enrolled as an active distributor of Young
Living products shall be automatically considered a non-voting
Distributor Member of The D. Gary Young Foundation: Young Living
Outreach within this class of membership. The privileges associated
with this class of membership shall include the invitation to contribute
to the foundation for the advancement of its charitable purposes, the
invitation to participate (at the member's own expense where applicable)
in certain member-participation charitable activities of the
foundation, and the right to receive periodic reports of the charitable
activities and accomplishments of the foundation. The duties associated
with such non-voting membership shall be maintenance of the member's
distributor status with Young Living products, and conduct which will
not bring shame or dishonor to the foundation or to Young Living.
SECTION 13 DISPUTE RESOLUTION AND DISCIPLINARY ACTION
13.1 Disputes Between Distributors
If you have a grievance or complaint with another distributor
regarding any practice or conduct in relationship to your respective
Young Living business, you should first discuss the problem with the
other distributor. If this does not resolve the problem, report the
problem to your upline leader who is a Silver or above to resolve the
issue at a local level. If the matter cannot be resolved, it must be
reported to the Young Living Distributor Compliance Department in
writing via mail, fax, or e-mail at distributorcompliance@youngliving.com.
The complaint should identify specific instances of alleged improper
conduct and, to the extent possible, identify the relevant dates on
which the event(s) complained of took place, the location(s) where they
occurred, and all persons who have firsthand knowledge of the improper
conduct.
Upon receipt of a written complaint, the Young Living Distributor
Compliance Department will investigate the matter, review the
applicable policies, and render a decision on how the dispute shall be
resolved. Distributor Compliance may also issue disciplinary sanctions
consistent with the provisions of Section 13.3.
13.2 Disputes Between Young Living and Distributors
13.2.1 Arbitration
All disputes and claims relating to Young Living, its
compensation plan, its products, the rights and obligations of its
distributors and Young Living, or any other claim or cause of action
relating to product purchase(s) or performance, either of a distributor
or of Young Living under the Distributor Agreement, shall be settled
totally and finally by arbitration in Salt Lake City, Utah, unless the
laws of the state in which you reside expressly require otherwise. There
shall be an arbitrator, an attorney-at-law with expertise in
transactional law (there being a strong preference for an attorney
knowledgeable in the direct selling industry), selected from the panel
in which the American Arbitration Panel provides. Each party to the
arbitration shall be responsible for its own costs and expenses of
arbitration, including legal and filing fees. If you file a claim or
counterclaim against Young Living, you may do so only on an individual
basis and not with any other distributor or as part of a class action.
The decision of the arbitrator shall be final and binding upon the
parties and may, if need be, be reduced to a judgment in any court of
competent jurisdiction. This agreement to arbitrate shall survive any
cancellation or expiration of the Distributor Agreement. Nothing in
these Policies and Procedures shall prevent Young Living from applying
to and obtaining from any court having jurisdiction a writ of
attachment, temporary injunction, preliminary injunction, permanent
injunction, or available relief to safeguard and protect Young Living's
interest prior to, during, or following the filing of any arbitration or
other proceeding, or pending the rendering of a decision or award in
connection with any arbitration or other proceeding. The existence of
any distributor claim or cause of action against Young Living does not
preclude Young Living from enforcing the distributor's covenants and
agreements contained in the Distributor Agreement.
13.2.2 Jurisdiction, Venue, and Choice of Law
Jurisdiction and venue of any matter not subject to
arbitration shall reside in any state or federal court located in Salt
Lake City, Utah, unless the laws of the state or country in which the
distributor resides expressly require otherwise, despite this
jurisdiction clause. By signing the Distributor Agreement, you consent
to jurisdiction within these two forums. The laws of the state of Utah
shall govern disputes involving the Distributor Agreement.
13.3 Disciplinary Actions
At Young Living's discretion, violation of any of the terms
and conditions of the Distributor Agreement and these Policies and
Procedures including but not limited to any illegal, fraudulent,
deceptive, or unethical business conduct; non-payment of your account
with Young Living, declination of credit card or ACH authorizations; or
investigation into any of the above may result in a hold on your
account, which may include one or more of the following sanctions:
- Written warning clarifying the meaning and application of a
specific policy or procedure and advising that a continued breach will
result in further sanctions;
- Probation, which may include requiring you to take remedial action
and will include follow-up monitoring by Young Living to ensure
compliance with the Distributor Agreement;
- Withdrawal or denial of an award or recognition, or restricting
participation in Young Living-sponsored events for a specified period of
time or until you satisfy certain specified conditions;
- Suspension of certain privileges of distributorship including, but
not limited to, placing a product order, participating in Young Living
programs, progressing in the compensation plan, or participating as a
distributor for a specified period of time or until you satisfy certain
specified conditions;
- Withholding commissions or bonuses for a specified period of time
or until the distributor satisfies certain specified conditions;
- Imposing fair and reasonable fines or other penalties in
proportion to actual damages incurred by Young Living and as permitted
by law; and/or
- Termination of the Distributor Agreement.
13.4 Appeals of Disciplinary Action
Following issuance of a sanction or disciplinary action
(other than a suspension pending an investigation), you may appeal the
sanction to the Executive Review Committee. The appeal must be in
writing and received by the Company within fifteen (15) days from the
date of the disciplinary action. If the appeal is not received within
the fifteen-day period, the sanction will be final. Submit all
supporting documentation with appeal correspondence. The Executive
Committee will review and reconsider the sanction, consider other
appropriate action, and notify the distributor in writing of its
decision.
SECTION 14 INACTIVITY, REACTIVATION, AND CANCELLATION
14.1 Inactivity
If you do not meet the personal volume (PV) requirement in
any particular month, you will be deemed inactive for that month and
will not receive commissions or bonuses for the sales generated through
the downline organization.
If you remain inactive for a period of twelve (12) consecutive
months, you will be effectively dropped from the Young Living sales
organization and your Distributor Agreement cancelled. Any existing
sales organization or downline will in effect “roll-up” to your first
active upline distributor.
14.2 Reactivation
Distributors dropped for inactivity may reactivate their
membership by contacting the Customer Care Department and requesting
reactivation. Reactivating members must thereafter satisfy the PV
requirements, and they will be reactivated under their prior
sponsor/enroller unless otherwise requested. Should the prior sponsor be
inactive, the member will be reactivated under the first active upline
member. Reactivating members have no claim to downline that was lost
when they were dropped for inactivity and are treated as a new member.
14.3 Involuntary Cancellation or Termination
Violation of any of the terms of the Distributor Agreement
constitutes a material breach of the Distributor Agreement and may
result in any disciplinary actions listed in Section 13.3, including
cancellation or termination of the Distributor Agreement. Involuntary
cancellation or termination will result in the loss of all rights to the
downline organization and any commissions or bonuses generated thereby.
Distributors who are terminated shall receive compensation for the last
full calendar month prior to termination of their distributorship.
When a distributor is terminated for cause, the distributor will
be notified by mail or other delivery method, calculated to reach the
recipient at the address on file. Cancellation is effective on the date
on which written notice is issued. The terminated distributor must
immediately cease representing himself or herself as a Young Living
distributor.
A distributor who has been terminated for cause may reapply to
become a distributor twelve (12) calendar months from the date of
termination. Any such distributor wishing to reapply must submit a
letter to the Young Living Distributor Compliance Department setting
forth the reasons why he/she believes he/she should be allowed to
operate a Young Living business. It is within Young Living's sole
discretion whether or not to permit such a request.
14.4 Voluntary Cancellation
You may cancel your Distributor Agreement at any time and for
any reason. Written notice must be provided to the Company and must
include your signature, printed name, member number, address, PIN, and
telephone number.
If you voluntarily cancel your Distributor Agreement, you may
become a preferred customer or customer. Additionally, you may reapply
to become a distributor six (6) months after the cancellation date.
14.5 Effects of Cancellation
Upon cancellation or termination, you release all rights to
your distributor benefits including the downline organization and all
future commissions and bonuses resulting from the downline sales
production.