Professional Documents
Culture Documents
1.2 PURPOSE
The purpose of the Distributor Agreement is:
To define the relationship between AHB and the Independent Distributor;
To set standards of acceptable business behavior;
To assist you in building and protecting your business.
1.3 CHANGES
The Company may from time to time amend the terms and conditions of the Distributor Agreement, Policies and Procedures, Marketing Plan and Price List. Amendments
shall be effective upon notification of the changes in official AHB publications distributed to all active Distributors.
1.4 DELAYS
AHB shall not be responsible for delays and failures in performing its obligations due to circumstances beyond its reasonable control, such as strikes, labor difficulties, riots,
war, fire, death, curtailment or interruption of a source of supply, government decrees or orders, etc.
1.7 WAIVER
AHB never forfeits its right to require Distributor compliance with the Distributor Agreement or with applicable laws and regulations governing business conduct. Only in rare
circumstances will a policy be waived, and such waivers will be conveyed by an authorized officer of the company. The waiver will apply only to that specific case.
1.8 NO RELIANCE
A Distributor should seek legal advice from their professional advisor for matters of legal, financial, or other professional advice and not rely on any such advice if given from
AHB.
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SECTION 2 BECOMING A DISTRIBUTOR
AHB has carefully designed its products, product labels, Marketing Plan, and promotional materials to ensure that each aspect of AHB is fair, truthful, substantiated, and
complies with applicable laws and codes of conduct. To promote both the products and the tremendous opportunity AHB offers, Distributors must submit to AHB all literature,
advertisements, sales aids, training tools, and promotional materials that they wish to use in their businesses. No such material may be used unless and until written approval
is received from the Company.
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thereof, for any Internet domain name. Nor may Distributors incorporate or attempt to incorporate any of the Company's trade names, trademarks, service names, service
marks, product names, the Company's name, or any derivative thereof, into any electronic mail address.
Distributors should not answer the telephone in any manner that might indicate or suggest that the caller has reached AHB corporate office.
Distributors may not directly or indirectly record or reproduce materials from any AHB corporate function, event, speech, etc.
Distributors may not directly or indirectly record, reproduce, or copy any presentation or speech by any AHB spokesperson, representative, speaker, officer, director, or other
Distributors.
Distributors may not directly or indirectly reproduce or copy any recording of AHB produced media presentation including audio tapes, videotapes, CDs, DVDs, etc.
Distributors may not directly or indirectly publish, or cause to be published, in any written or electronic media, the name, photograph or likeness, copyrighted materials, or
property of individuals associated with AHB without express written authorization from the individual and/or AHB.
Distributors may not directly or indirectly publish, or cause to be published, in any written form or electronic media, the copyrighted materials or property of AHB, without
express written authorization from AHB.
Recruiting or enrolling AHB customers or Distributors for other multilevel marketing business ventures, either directly or through a third party. This includes, but is not limited
to, presenting or assisting in the presentation of other multilevel marketing business ventures to any AHB Distributor, or implicitly or explicitly encouraging any AHB Distributor
to join other business ventures. It is a violation of this policy to recruit or enroll a AHB Distributor for another multilevel marketing business, even if the Distributor does not
know that the prospect is also a AHB Distributor;
Producing any literature, tapes, or promotional material of any nature for another multilevel marketing business which is used by the Distributor or any third person to recruit
AHB Distributors for that business venture;
Selling, offering to sell, or promoting any competing products or services to AHB Distributors. Any product or services in the same generic category as a AHB product or
service is deemed to be competing, (e.g., Any dietary supplement is in the same generic category as AHBs dietary supplements and is, therefore, a competing product,
regardless of differences in cost, quality, ingredients, or nutrient content);
Offering AHB products or promoting the AHB Marketing Plan in conjunction with any non-AHB business plan, opportunity, product, or incentive;
Offering any non-AHB products or opportunities in conjunction with the offering of AHB products or business plan or at any AHB meeting, seminar, launch, convention, or
other AHB function; or
Where a prospective Distributor accompanies a Distributor to a AHB meeting or function, no other AHB Distributor may recruit the prospect to enroll in AHB or any other
multilevel marketing business for a period of fourteen (14) days or unless and until the Distributor who brought the prospect to the function advises the other AHB Distributor
that the prospect has elected not to enroll in AHB and that the Distributor is no longer recruiting the prospect to enroll in AHB, whichever occurs first. Violations of this policy
are especially detrimental to the growth and sales of other Distributors AHB businesses and to AHBs business.
Where a Distributor participates, directly or indirectly, in any way including but not limited to the operation of, enrollment as a Distributor in, receipt of compensation from, or
having an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in any other multilevel marketing venture they may not
participate in AHBs Bonus Programs. A Distributor who accepts Leadership Bonus , Royalty Bonus & Lifestyle Bonus while participating in another multilevel marketing
venture is in material breach of this Agreement regardless of the Distributors intent or purpose of such participation.
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A Distributor who participates in any way in another multilevel marketing venture is not eligible to have access to confidential customer information, including but not limited
to the customer lists.
All products of the company shall be marketed and sold in its original form and packaging.
Distributors shall not display or sell AHB in any public or private places without written consent from the company.
3.7 PRICING
No distributor is allowed to under price or over price their products just to gain a profit
or promotion sales. This action may warrant termination and/or legal action by AHB.
The integrity of AHB Marketing Plan and the confidence of their distributors should be upheld at all times.
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(iii) Signing up under another sponsor to operate their distributorship when their distributorship is still invalid
(iv) Allowing other people or relatives to use their distributorship to do business.
(1i) The distributorship of the distributor who signs up distributors or spouses of distributors of another group shall be terminated
(ii) All distributors involved shall be transferred back to their original sponsor.
(2i) If spouse A of a distributor B is found to have signed under another group, then
(ii) As distributorship will be terminated and all of As downline distributors shall be transferred to B.
(3i) If distributor A is found to have used other people or relative, Bs. distributorship under another group to carry out business then:
(ii) Bs distributorship will be terminated and all of Bs downline distributors shall be transferred to A.
Before any transfer will be approved by AHB, any debt obligations the selling Distributor has with AHB must be satisfied.
The transferring Distributor must be in good standing and not in violation of any of the terms
of the Distributor Agreement or these Policies and Procedures, to transfer his/her Distributorship.
The combining of Distributorships is not permitted. AHB will not approve the transfer of a Distributorship to any individual or Entity that is a current Distributor or who has an
ownership interest in any Distributorship. Similarly, AHB will not approve the transfer of a Distributorship to any individual or Entity that has previously had any ownership
interest in, or operated, a AHB Distributorship.
The transferring Distributor must notify the Company of his/her intent to transfer the Distributorship by completing and submitting a signed Transfer of Distributorship and
Distributor Application form with a photocopy of front and back of the Distributors Identity Card. No changes in line of sponsorship can result from the transfer of a
Distributorship.
If a jointly owned Distributorship is dissolved, anyone of the joint owners may operate the
Distributorship, but the other joint owners must relinquish their rights to, and interests in, the Distributorship.
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AHB cannot divide a Downline Organization, nor can it split commission or bonus cheques between the joint owners.
If a jointly owned Distributorship is dissolved, the individual(s) who relinquished ownership in the original Distributorship may apply as new Distributors immediately under
any Sponsor but only if the Distributorship has been jointly owned for more than six months before dissolution. In all other cases the individual(s) who relinquished ownership
may apply as a new Distributor only after waiting six months.
3.11 SUCCESSION
If a Distributor dies or becomes incapacitated, his/her rights to commissions, bonuses, and
Downline Organization, together with all Distributor responsibilities, will pass to his/her successor(s). Upon death or incapacitation, the successor(s) must present to the
Company with proof of death or incapacitation, along with proof of succession, such as a Grant of Probate or an Enduring Power of Attorney, and a properly completed
Distributor Application and Agreement. You may inherit and retain another Distributorship even though you currently own or operate a Distributorship. In the case of intestacy,
AHB will deem the Distributorship non-transferable if it is not contacted by an authorized representative of the estate or the heirs, devisees, successor trustees, personal
representative, or executor of the decedent within six (6) months of the Distributors death.
Where an incorrect placement was made due to a Distributor error, a change in the line of
sponsorship can be made to correct the error where a request for a change is made within 10
days of enrollment. If you make such a request, you must also submit the written consent of your Sponsor along with the required placement change fee. If at the time of the
request you have any downline organization in place, no change will be permitted in the line of sponsorship. In the event that such a change is approved, commissions and
bonuses earned will be adjusted
accordingly. In no case will a change of placement be approved where a signed application has not been received by AHB.
If you terminate your Distributorship in writing you may rejoin under the Sponsor of your choice after a period of 6 months. In the event you terminate your Distributorship,
you forfeit all rights, bonuses, and commissions under your previous line of sponsoring. You may not avoid compliance with this policy through the use of DBA's, assumed
names, corporations, partnerships, trusts, spouse names, social insurance numbers, social security numbers, employer identification numbers, fictitious ID numbers, etc. You
also may not avoid compliance with this policy by allowing a former Distributor to participate in any way in your Distributorship.
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If you have been inactive (i.e., no purchases or sales of AHB products or participation in any other form as a Distributor) for a period of 12 successive months, you may
terminate yourDistributorship in writing and rejoin immediately under the Sponsor of your choice.
AHB offers products of the highest quality to every customer. If the product bought by the distributors or retail customers are with defects or of inferior quality, AHB guarantees
replacement. However this guarantee does not extend to damages or contamination due to expiry, negligence or any deliberate act to defraud the company.
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Product exchanges made for the purpose of favourable gain though maximizing commissions or manipulating the compensation plan (as evidenced though patterns observed
outside of the average Distributor pattern of exchanges) will not be honoured and are considered a material breach of the Distributor Agreement.
A 10 working days Cooling-Off Period will be extended to customers for products transacted worth RM 300 and above. During this period, the customer/distributor need
not pay any deposit for the purchase made.
5.3.2 DISTRIBUTORS
If a Distributor elects to cancel his/her Distributorship during the thirty-day period immediately following his/her enrollment, AHB will refund 100% of the price of all products
purchased as part of the Distributors initial order (excluding shipping). The canceling Distributor must return the products to AHB, shipping prepaid, along with a letter
explaining that he/she wishes to terminate his/her Distributorship and receive a refund. Please note that this 100% refund (less shipping) does not apply once a Distributor
places his/her second product order. After the first order, refunds for returned products, and sales aids are made pursuant to section 5.3.3.
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If a Distributor returns product from a Retail Customer, he/she must:
Send the product to AHB within 10 days of the customers return. The package must be accompanied by a completed Dissatisfied Consumer Product Return Form, a copy of
the original sales receipt, and the unused portion in the original container.
Only the Distributor who ordered the product from AHB may return it.
AHB is not liable for items lost in transit.
6 .2 DISCIPLINARY ACTIONS
Violation of any of the terms and conditions of the Distributor Agreement, or any illegal, fraudulent, deceptive, or unethical business conduct by a Distributor, may result, at
AHBs discretion, in one or more of the following sanctions:
A verbal or 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 a Distributor to take remedial action and will
include follow-up monitoring by AHB to ensure compliance with the Agreement;
Suspension of certain privileges of Distributorship, including but not limited to placing a product order, participating in AHB programmes, progressing in the AHB
Compensation Plan,
or participating as a Sponsor (including participating as an International Sponsor), for a
specified period of time or until the Distributor satisfies 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 AHB and as permitted by law; and/or
Terminating a Distributorship
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SECTION 7 ORDERING OF PRODUCTS
7.1 ORDERING
A Distributor may order Products and Sales Tools by completing a Product Order Form. There is no minimum order. However, shipping and
handling costs may vary depending on the amount of Products and Sales Tools purchased.
A Distributor has no specific minimum inventory requirements. A Distributor must use his/her own judgment in determining the inventory
needs based on a reasonable projection of retail sales. A Distributor is prohibited from ordering more than a reasonable inventory. By placing an order, a Distributor certifies
that he/she has resold at least 80% of any previous orders.
Orders may be made by phone, mail, fax or email.
Payment must be made upon order by cash, money order, credit card, company cheque (inclusive bank charges, if any). Any payment which
is not supported by sufficient fund constitutes a breach of contract, where necessary, a service fee will be charged. However, it is the Company's discretion to accept or reject
payment by cheque without assigning any reason thereof.
A Distributor is not allowed from submitting any order in the name of other Distributor without the other Distributor's specific, prior written
approval which must first be communicated to the Company.
For orders exceeding 300PV, there is no shipping and handling charges will be charged (this applies to West Malaysia and major town only).
Please allow a minimum of 3 working days for delivery. Distributors may also purchase their products from our authorized mobile stockists. Please check with our officers for
mobile stockist outlets.
7.2.1 BY PHONE
Orders can be placed by phone through this number ( +603 56222600) during sales processing hours:
~ Monday to Friday : 10.00 am to 7.00 pm
~ Saturday : 10.00 am to 2.00 pm
Closed on Sundays and gazetted Public Holidays.
When ordering by phone, kindly have our customer service executive review and repeat your order, giving you the opportunity to make changes if necessary. Orders will be
treated as correct and final if no corrections are made prior to the conclusion of your call.
Payments must be made by credit card or on line bank deposit.
7.2.2 BY FAX
Fax the completed Distributor Purchase Form to: +603 56222900
Payments must be made by credit card or on line bank deposit.
Write your name and Distributor distributorship code number on the bank-slip and fax to the Companys Head office with your order or advice stating the purpose of such on-
line deposit.
Ensure that you deposit the full payment for your placed order including any applicable shipping and handling charges.
Credit Cards
The Company accepts VISA card and MasterCard for purchases above RM 100.00
In-house cheque
7.5.2 SHORTAGES
Upon receipt of your order, you should check that you have received the correct number of cartons before you sign the delivery order (packing list). If an incorrect number of
cartons were delivered to you, indicate this on the delivery order (packing list) before you sign. Once you sign the delivery order (packing list) you acknowledge responsibility
for the number of cartons received. Shortage of one item may sometimes mean an excess order of another item. Check your order against the Delivery order, which
accompanies the shipment to be sure you have received all the items listed. When shortage occurs, complete the form on the reverse of the delivery order giving specific
details: your name, address, Distributor/ Distributorship code number and order number listed on the delivery order on which the shortage occurred.
7.5.3 DAMAGES
Outer cartons should be inspected for damages upon arrival; the carriers delivery order should be endorsed showing the number of damaged cartons received. When
returning damaged products to AHB for exchange or credit every package with returned merchandise must have a completed Product Return form.
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When a Distributorship is involuntarily canceled, the Distributor will be notified by certified mail at the address on file with the Company. Cancellation is effective on the date on
which written notice is mailed via certified mail, return receipt requested, to the Distributors last known address or when the Distributor receives actual notice of cancellation,
whichever occurs first. In the event of such Involuntary Cancellation, the Distributor must immediately cease to representing himself/herself as a AHB Distributor.
The Distributor may appeal the termination to the AHB Management. The Distributors appeal must be in writing and must be received by the company within fifteen (15)
calendar days of the date of AHBs cancellation letter. If AHB does not receive the appeal within the fifteen-day period, the cancellation will be final. The Distributor must
submit all supporting documentation with his/her appeal correspondence. The written appeal will be reviewed by the Management. If the Distributor files a timely appeal of
termination, the Management will review and reconsider the termination, consider any other appropriate action, and notify the Distributor in writing of its decision. The decision
of the Management will be final.
A Distributor who is voluntarily canceled will receive commissions and bonuses only for the last
full calendar week prior to his/her cancellation. A Distributor whose Agreement is involuntarily canceled will receive commissions and bonuses only for the last full calendar
week prior to cancellation, unless monies were withheld by the Company during an investigation period. If an investigation of the Distributors conduct results in his/her
involuntary cancellation, he/she shall not be entitled to recover withheld commissions and bonuses.
SECTION 9 DEFINITIONS
DEFINITION OF TERMS
Cancellation Termination of an individuals Distributor Agreement t. Cancellation may be either voluntary or involuntary.
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Voluntary Cancellation The termination of a Distributor Agreement instituted by the Distributor who elects to discontinue his/her affiliation with AHB for any reason.
Commissionable Products All AHB products on which commissions and bonuses are paid.
Sales aids are not commissionable products.
Company The term Company as it is used throughout these Policies and Procedures, and in all AHB literature, means Asia Herbal Biotech Sdn. Bhd.
Distributor An individual or business entity who has executed a Distributor Agreement that has been accepted by AHB.
Distributor Agreement The term Distributor Agreement, as used in the Policies and Procedures, refers to the Distributor Application and Agreement, AHBs Policies and
Procedures, and the AHB Marketing Plan.
Downline Leg All individuals, starting from a person directly placed under you, who are then
linked directly or indireclty to him or her represent one leg in your downline organisation.
End Consumer A person who purchases AHB products for the purpose of personally consuming them.
Official AHB Material Literature, audio or video tapes, and other materials developed, printed, published, or distributed by AHB.
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