Policies & Procedures
WORLD HEALTH & HUMANITARIAN FOUNDATION SUPPORTER
SECTION ONE:
1.01 BECOMING A SUPPORTER
An applicant becomes a Supporter of the World Health &
Humanitarian Foundation (whhf) when the applicant's completed Application and
Agreement has been received and accepted by the whhf. The whhf reserves the
right to decline any Application and Agreement for any reason, at its sole
discretion.
The Supporter uses his/her best effort to promote the products
and services of the whhf for fundraising purposes to consumers pursuant to the
Agreement contained within these Policies and Procedures and Terms and
Conditions. In doing so, the Supporter will maintain the highest standards
of honesty, integrity and ethics when dealing with consumers, the whhf or other
whhf Supporters.
1.02 NO FEE OR PURCHASE REQUIRED
No initial fee, charge or wholesale purchase is required to
become a Supporter.
1.03 SUPPORTER OBLIGATIONS & RIGHTS
Supporters are authorized to promote whhf products and services
for fundraising purposes and to participate in the Supporter Rebate Program.
Supporters may introduce new Supporters.
1.04 LEGAL AGE
Supporters must be of legal age in the state / province / country
of their residence.
1.05 DIVORCE
When a couple sharing a Supporter entity divorces or separates,
the whhf will continue to pay the Supporter Rebate in the same manner as before
the divorce or separation until it receives written notice signed by both
parties or a court decree which specifies how future Supporter Rebates should be
paid, provided and if applicable, the couple has complied with the requirements
of Section 5.03.
1.06 CORPORATIONS, PARTNERSHIPS & TRUSTS
Corporations, Partnerships, Limited Liability Companies or other
forms of business organizations or trusts may become Supporters of the whhf when
the Application and Agreement is accompanied by a Federal Tax ID Number.
Shareholders, directors, officers, partners, distributors,
beneficiaries and trustees, as applicable of Supporter entity must agree to hold
such title, and the whhf will hold each personally liable and bound by the
Agreement and these Policies and Procedures and Terms and Conditions.
1.07 FICTITIOUS OR ASSUMED NAMES
A person or entity may not apply to become a Supporter using a
fictitious or assumed name.
1.08 INDEPENDENT CONTRACTOR STATUS
Supporters are Independent Contractors responsible for
determining their own activities without direction or control by the whhf. They
are not franchisees, joint venture, partners, employees or agents of the whhf
and are prohibited from stating or implying, whether orally or in writing,
otherwise. Supporters have no authority to bind the whhf to any obligation. The
whhf is not responsible for payment or co-payment of any employee benefits.
Supporters are responsible for their own liability, health disability and
worker's compensation insurance. Supporters set their own hours and determine
how to conduct their activities, subject to the whhf Agreement and the Policies
& Procedures and Terms and Conditions.
1.09 TAXATION
As Independent Contractors, Supporters will not be treated as
franchisees, owners, employees or agents of the whhf for federal or state tax
purposes including, with respect to the Internal Revenue Code, Social Security
Act, Federal Unemployment Act, State Unemployment Acts or any other federal,
state, or local statute, ordinance, rule or regulation.
1.10 Supporter IDENTIFICATION NUMBER
Supporters are required by federal law to obtain a Social
Security number or Federal Tax ID number, according to the requirements of the
state / province / country of their residence. Supporters will be identified by
this number, or a whhf assigned number, for purposes of whhf activities. The
Supporter assigned Identification Number must be placed on all orders and
correspondence with the whhf.
1.11 LEGAL COMPLIANCE
Supporters must comply with all country, federal, state and local
statutes, regulations and ordinances concerning the operation of their
activities. Supporters are responsible for their own managerial decisions and
expenditures including all estimated income and self-employment taxes.
1.12 NO EXCLUSIVE
TERRITORIES
No franchise is granted and there are no exclusive territories
for fundraising purposes or for introducing new Supporters. No geographical
limitations exist on introducing new Supporters or fundraising; provided,
however, that the whhf reserves the right not to sell product or services for
fundraising purposes or contract with Supporters in specified locations.
SECTION TWO: TERM & RENEWAL
2.01 TERM
Subject to the terms of Section 4.01, the Agreement shall have a
term which shall begin on the date of acceptance by whhf and end one year from
the date thereof (the “Anniversary Date”).
2.02 RENEWAL
Supporters must renew annually, on the Anniversary Date and the
Supporter has the right to decline the acceptance of any renewal at their sole
discretion. The whhf may require that Supporters execute a new Agreement upon
renewal. Supporters not renewing by the renewal date shall be deemed to have
voluntarily terminated their Supporter relationship with the whhf, and thereby
lose their Supporter entity, all introduction rights, their position in the
Supporter Rebate Program and all rights to Rebates. Supporters who fail to renew
their Supporter status may not reapply under a new Introducing Supporter for six
(6) months after non-renewal.
SECTION THREE: SUPPORTER INTRODUCTION
3.01 INTRODUCING
Supporters may introduce other Supporters into the whhf.
Supporters must ensure that each potential new Supporter has reviewed and has
had access to the current Policies & Procedures, Terms and Conditions and
information about the Supporter Rebate Program prior to or when giving the
individual an Agreement.
3.02 MULTIPLE AGREEMENTS
If an applicant submits multiple Agreements which list different
Introducing Supporters, only the first completed Agreement received by the whhf
will be accepted.
3.03 TRAINING REQUIREMENT
An Introducing Supporter must maintain an ongoing professional
leadership association with Supporters in his or her organization and must
fulfill the obligation of performing a bona fide supervisory or sales function
in the sale or delivery of products and services for fundraising purposes.
3.04 REBATE CLAIMS
Supporters must truthfully and fairly describe the Supporter
Rebate Program. No past, potential or actual rebate claims may be made to
prospective Supporters, nor may Supporters use their own rebates as indications
of the success assured to others. Supporter Rebates may not be used as
promotional materials. Supporters may not guarantee rebates or estimate
expenses to prospective Supporters.
3.05 INTRODUCTION TRANSFERS
The whhf does not permit the transfer of Introducing Supporters.
The whhf Supporter Rebate Program is an activity of creating relationships.
Once a new Supporter is introduced into the whhf by an existing Supporter, the
whhf believes in maximum protection of that relationship.
3.06 CROSS INTRODUCING
Supporters may not introduce, or attempt to introduce, another
Supporter into any other similar programs with the exception of personally
introduced Supporters, nor into another Supporters whhf organization. In
addition, no Supporter may participate in any action that causes another
Supporter to be introduced through someone else into any other similar program.
SECTION FOUR: RESIGNATION/TERMINATION
4.01 VOLUNTARY RESIGNATION
a) Supporters may voluntarily terminate his or her Supporter
status by failing to renew or by sending thirty (30) days written notice of such
resignation or termination to the whhf. Voluntary resignation is effective upon
receipt of such notice by the whhf.
b) Supporters who resign or terminate their Supporter status may
reapply as a Supporter, six (6) months after resignation.
4.02 SUSPENSION
Supporters may be suspended for violating the terms of his or her
Agreement, which include these Policies and Procedures, the Supporter Rebate
Program and other documents produced by the whhf. When a decision is made to
suspend a Supporter, the whhf will
inform the Supporter in writing that the suspension has occurred effective as of
the date of the written notification, the reason for the suspension and the
steps necessary to remove such suspension (if any). The suspension notice will
be sent to the Supporter’s “address on file” pursuant to the notice provisions
contained in the Policies & Procedures and Terms and Conditions. Such suspension
may or may not lead to termination of the Supporter as so determined by whhf at
its sole discretion. If the Supporter wishes to appeal, the whhf must receive
such appeal in writing within fifteen (15) days from the date of the suspension
notice. The whhf will review and consider the suspension and notify the
Supporter in writing of its decision within thirty (30) days from the date of
the suspension notice. The decision of the whhf will be final and subject to no
further review. The whhf may take certain action during the suspension period,
including, but not limited to, the following:
a) Prohibiting the Supporter from holding himself or herself as a
Supporter or using any of the whhf’s proprietary marks and/or materials;
b) Withholding rebates during the suspension period that
otherwise may have been due the Supporter;
c) Prohibiting the Supporter from purchasing services and
products for fundraising purposes from the whhf; and/or;
d) Prohibiting the Supporter from introducing new Supporters,
contacting current Supporters or attending meetings of Supporters.
If the whhf, at its sole discretion, determines that the
violation which caused the suspension is continuing, and has not satisfactorily
been resolved or a new violation involving the suspended Supporter has occurred,
the suspended Supporter may be terminated.
4.03 TERMINATION
Supporters may be immediately terminated for violating the terms
of his or her Agreement, which include these Policies & Procedures, Terms and
Conditions and the Supporter Rebate Program and other documents produced by whhf
upon written notice. The whhf may terminate a violating Supporter without
placing the Supporter on suspension, at the whhf’s sole discretion. When the
decision is made to terminate a Supporter, the whhf will inform the Supporter in
writing at the address in the Supporter’s file that the termination has
occurred.
4.04 APPEAL
If the Supporter wishes to appeal the termination, the whhf must
receive the appeal in writing within fifteen (15) days from the date of notice
of termination. If no appeal is received within the fifteen (15) day period, the
termination will automatically be deemed final. If the Supporter files a timely
notice of appeal, the whhf will review the appeal and notify the Supporter of
its decision within ten (10) days after receipt of the appeal. The decision of
whhf will be final and subject to no further review. In the event the
termination is not rescinded, the termination will remain effective as of the
date stated in the original termination notice.
4.05 EFFECT OF TERMINATION
Immediately upon termination, the terminated Supporter:
a) Must remove and permanently discontinue the use of the
trademarks, service marks, trade names and any signs, labels, stationery or
advertising referring to or relating to any product, plan or program of the
whhf.
b) Must cease representing themselves as a Supporter of the whhf;
c) Loses all rights to his or her Supporter position in the
Supporter Rebate Program and to all future rebates resulting there from;
d) Must take all action reasonably required by the whhf relating
to protection of the whhf’s confidential information. The whhf has the right to
offset any amounts owed by the Supporter to the whhf including, without
limitation, any indemnity obligation incurred pursuant to Section 11.01 herein,
from rebates or other compensation due to the Supporter.
4.06 REAPPLICATION
The acceptance of any reapplication of a terminated Supporter or
the application of any close family member or other close association of a
terminated Supporter shall be at the sole discretion of the whhf and can be
denied.
4.07 STATE LAWS
Where state laws on termination are inconsistent with this
policy, the applicable state law shall apply.
SECTION FIVE: TRANSFERABILITY
5.01 ACQUISITION OF ANOTHER SUPPORTER”S POSITION
Any Supporter desiring to acquire an interest in another
Supporter’s position must first terminate his or her own Supporter status and
wait six (6) months before becoming eligible for such a purchase. All such
transactions must be fully disclosed and must be approved by the whhf in
advance.
5.02 TRANSFERS OF SUPPORTER
Except as expressly set forth herein, the Supporter may not sell,
assign or otherwise transfer his or her Supporter entity (or rights thereof) to
another Supporter or to an individual which has an interest in the Supporter.
The Supporter may transfer his or her whhf Supporter entity to his or her
Introducing Supporter, subject to the conditions of Section 5.03. In such an
event, the Introducing Supporter’s entity and the transferring Supporter’s
entity may at the sole discretion of the whhf be merged into one entity.
5.03 CONDITIONS TO TRANSFERABILITY
Supporters may not sell, assign, merge or transfer his or her
Supporter entity (or rights thereto) without the prior written approval of the
whhf and compliance with the following conditions:
a) The whhf possesses the right of first refusal with respect to
any sale, assignment, transfer or merger of any Supporter entity. The Supporter
wishing to sell, assign, transfer or merge his or her Supporter entity must
first provide the whhf with the right and option to make such a purchase or
receive such transfer in writing on the same terms and conditions as any
outstanding or intended offer. The whhf will advise the Supporter within ten
(10) business days after receipt of such notice of its decision to accept or
reject the offer. If the whhf fails to respond within the ten (10) day period or
declines such offer, the Supporter may make the same offer or accept any
outstanding offer which is on the same terms and conditions as the offer to the
whhf to any person or entity who is not a Supporter, married to, or a dependent
of a Supporter or who has any interest in a Supporter;
b) The selling Supporter must provide the whhf with a copy of all
documents which detail the transfer, including, without limitation, the name of
the purchaser, the purchase price and terms of purchase and payment;
c) An office administration transfer fee of $75.00 must accompany
the transfer documents;
d) The documents must contain a covenant made by the selling
Supporter for the benefit of the proposed purchaser not to compete with the
purchaser or attempt to divert or introduce any existing Supporters for a period
of one (1) year from the date of the sale or transfer;
e) Upon a sale, transfer or assignment being approved in writing
by the whhf, the buying Supporter must assume the position and terms of
agreement of the selling Supporter and must execute a current Agreement and all
such other documents as required by the whhf; and
f) The whhf reserves the right, at its sole discretion, to
stipulate additional terms and conditions prior to approval of any proposed sale
or transfer. The whhf reserves the right to disapprove any sale or transfer,
where allowed by law.
5.04 CIRCUMVENTION OF POLICIES
If it is determined, at the whhf’s sole discretion, that a
Supporter entity was transferred in an effort to circumvent compliance with the
Agreement, the Policies & Procedures, Terms and Conditions or the Supporter
Rebate Program, the transfer will be declared null and void. The Supporter
entity will revert back to the transferring Supporter, who will be treated as if
the transfer had never occurred from the reversion day forward. If necessary and
at the whhf’s sole discretion, appropriate action, including, without
limitation, termination, may be taken against the transferring Supporter to
ensure compliance with the Policies and Procedures and Terms and Conditions.
5.05 SUCCESSION
Notwithstanding any other provision of this Section, upon the
death of a Supporter, the Supporter’s position will pass to his or her
successors in interest as provided by law. However, the whhf will not recognize
such a transfer until the successor in interest has executed a current Agreement
and submitted certified copies of the death certificate, will, trust or other
instrument required by the whhf. The successor will thereafter be entitled to
all the rights and be subject to all the obligations of a whhf Supporter.
5.06 RE-ENTRY
A Supporter who transfers his or her Supporter status must wait
for six (6) months after the effective date of such transfer before becoming
eligible to reapply to become a Supporter.
SECTION SIX: PROPRIETARY INFORMATION
6.01 CONFIDENTIALITY AGREEMENT
During the term of the Agreement, the whhf may supply to
Supporters confidential information, including, but not limited to genealogical
and Downline reports, Supporter lists, Supporter information developed by the
whhf or developed for and on behalf of the whhf by Supporters (including, but
not limited to, credit data, Supporter profiles and product purchase information
for the purpose of fundraising),
Supporter lists, manufacturer and supplier information, reports, rebate or
Fundraising reports and such other financial and business information which the
whhf may designate as confidential. All such information (whether in written or
electronic format) is proprietary and confidential to the whhf and is
transmitted to Supporters in strictest confidence on a “need to know” basis for
use solely in the Supporters activities with the whhf. Supporters must use their
best efforts to keep such information confidential and must not disclose any
such information to any third party, or use this information for any non-whhf
activity directly or indirectly while a
Supporter and thereafter.
Supporters must not use the information to compete with the whhf
or for any purpose other than promoting the whhf’s program and its products and
services for fundraising purposes. Upon expiration, non-renewal or termination
of the Agreement, Supporters must discontinue the use of such confidential
information and promptly return any confidential information in their possession
to the whhf.
6.02 COPYRIGHT RESTRICTIONS
With respect to product purchases for fundraising purposes from
the whhf, Supporters must abide by all manufacturers' use restrictions and
copyright protections when applicable.
6.03 VENDOR CONFIDENTIALITY
The whhf’s relationships with its vendors, manufacturers,
suppliers, growers and recipients are confidential. Supporters must not contact,
directly or indirectly, or speak to, or communicate with any of the whhf’s
vendors, manufacturers, suppliers, growers and recipients except at the sole
discretion of the whhf or at whhf sponsored
events at which any of the whhf’s vendors, manufacturers, suppliers, growers and
recipients is present at the request of the whhf.
SECTION SEVEN: TRADEMARKS, LITERATURE & ADVERTISING
7.01 TRADEMARKS
The whhf name trademarks, service marks and copyrighted materials
are owned by the whhf. The use of such marks and materials must be in strict
compliance with these Policies and Procedures.
7.02 ADVERTISING & PROMOTIONAL MATERIALS
Only the promotional and advertising materials produced by the
whhf or approved in advance in writing by the whhf may be used to advertise or
promote a Supporter’s activities or to promote products and services of the whhf
for fundraising purposes. The whhf’s literature and materials whether printed or
electronic may not be duplicated or reprinted without the whhf’s prior written
permission.
7.03 USE OF THE whhf NAME
Supporters may use the name of the whhf only in the following
formats: “Supporter of the World Health & Humanitarian Foundation”, or
“Supporter of the whhf”.
7.04 STATIONERY AND BUSINESS CARDS
Supporters are not permitted to “create” their own stationery,
business cards or letterhead graphics, if the whhf’s name or trademarks are
used. Only the approved whhf’s graphics version and wording are permitted;
letterhead, envelopes and business cards must be ordered using the stationery
order form.
7.05 ELECTRONIC ADVERTISING
Supporters may not advertise or promote their activities as
Supporters or the whhf’s products and services for fundraising purposes or the
whhf Supporter Rebate Program or use the whhf’s name in any electronic media or
transmission, including on the Internet via web sites or otherwise, without the
prior written approval of the whhf.
7.06 TELEPHONE LISTING
Supporters are not permitted to use the whhf name in advertising
their telephone and telecopy numbers in the white or yellow page sections of the
telephone book. Supporters are not permitted to list their telephone numbers
under the whhf’s name without first obtaining the whhf’s prior written approval.
If approval is granted for an "800" (toll free) listing, it must be stated in
the following manner: “Supporter of the World Health & Humanitarian Foundation”,
or “Supporter of the whhf”.
7.07 TELEPHONE ANSWERING
Supporters may not answer the telephone by saying “World Health &
Humanitarian Foundation,” or “whhf”, or in any other manner that would lead the
caller to believe that he or she has reached the offices of the whhf.
7.08 IMPRINTED CHECKS
Supporters are not permitted to use the whhf name or any of its
trademarks or service marks on their business or personal checking accounts.
7.09 MEDIA INTERVIEWS
Supporters are prohibited from granting radio, television,
newspaper tabloid or magazine interviews or using public appearances, public
speaking engagements, or making any type of statement to the public media to
publicize the whhf, its products for fundraising purposes or the whhf
activities, without the express prior written approval of whhf. All media
inquires should be in writing and referred to whhf’s main world office.
7.10 ENDORSEMENTS
No endorsements by a whhf officer or administrator or third party
may be asserted, except as expressly communicated in the whhf literature and
communications. Supporters may not represent or imply, directly or indirectly,
that the whhf’s programs, products or services for fundraising purposes have
been approved or endorsed by any particular governmental agency.
7.11 RECORDINGS
Supporters may not produce or reproduce for sale or personal use
products sold by the whhf for fundraising purposes or any whhf-produced
literature, audio or video material, presentations, events or speeches,
including conference calls. Video and/or audio taping of whhf meetings and
conferences is strictly prohibited.
7.12 REPACKAGING PROHIBITED
Supporters may not repackage products or materials of the whhf.
7.13 INDEPENDENT COMMUNICATIONS
Supporters, as Independent Contractors, are encouraged to
distribute information and direction to their respective Downlines. However
Supporters must identify and distinguish between personal communications and the
official communications of the whhf.
SECTION EIGHT: PAYMENT OF REBATES
8.01 BASIS FOR REBATES
Rebates cannot be paid until a completed Agreement has been
received and accepted by the whhf. Rebates are paid ONLY on the sale of whhf
services and products for fundraising purposes. No rebates are paid on the
purchase of Promotional materials or for introducing other Supporters.
In order to receive rebates on products
and services purchased for fundraising purposes, the whhf must have received and
accepted an Agreement prior to the end of the rebate period in which the
purchase is made.
8.02 REBATE PERIOD
A rebate period refers to the time period opening on the first
(1st) day of the rebate period and extending up until order entry closes on the
last rebate day of the period (Midnight, EST). The whhf offices are open 9am -
5pm, Monday – Friday with the exception of certain holidays as posted by the
whhf.
8.03 REBATE PAYMENTS
Rebates are paid to “qualified” Supporters as defined within the
Supporter Rebate Program. Supporters must consult the Supporter Rebate Program
for a detailed explanation of the benefits, rebate structure and requirements of
the Supporter Rebate Program.
8.04 OFFSET OF REBATES
a) The whhf may from time to time introduce products available
for purchase for fundraising purposes. Any rebates earned and paid on products
returned is the obligation of and must be repaid to the whhf by Supporters
earning such rebates. The whhf has the right to offset such amounts against
future rebates and other compensation paid or owed to such Supporters who
received rebates.
b) When a Supporter’s rebate reaches a prescribed amount, part of
the total rebate will be deducted and will have an invoice created for it. Until
further notice this procedure will occur only for “Viakula Voucher” purchases
and the invoice will be created for the first day of the next rebate period.
I.e. an invoice created as part of the July rebate run will have an invoice date
of August 1. The amount deducted and the quantity of “Create Invoice” product on
the invoice will be dependent upon the total amount of rebates the Supporter
earned. The table below shows the amount of rebates that will be deducted when a
total rebate plateau is reached, as well as the quantity of Create Invoice
products that will go on the automatically created invoice.
Amounts deducted from the total rebate amount will show as an
adjustment within the Rebate Summary. Only one amount is deducted from the total
rebate amount depending on the amount of rebates earned. E.g. there are 39
deduction/invoice creation points, only the highest reached will be applied
during a Rebate processing. The first product (Viakula Voucher) purchase for
fundraising purposes will remain as a monthly debit from the Supporter’s
authorized credit card. Only the second and subsequent purchases will be
deducted from earned Rebates.
Rebates
Amount
Quantity of Create
Quantity of Total
Earned. Deducted
Invoice Product
Combined Product
Purchases.
$368
$68
1
2
$668
$136
2
3
$968
$204
3
4
$1,268
$272
4
5
$1,568
$340
5
6
$1,868
$408
6
7
$2,168
$476
7
8
$2,468
$544
8
9
$2,768
$612
9
10
$3,068
$680
10
11
$3,368
$748
11
12
$3,668
$816
12
13
$3,968
$884
13
14
$4,268
$952
14
15
$4,568
$1,020
15
16
$4,868
$1,088
16
17
$5,168
$1,156
17
18
$5,468
$1,224
18
19
$5,768
$1,292
19 20
$6,068
$1,360
20
21
$6,368
$1,428
21
22
$6,668
$1,496
22
23
$6,968
$1,564
23
24
$7,268
$1,632
24
25
$7,568
$1,700
25
26
$7,868
$1,768
26
27
$8,168
$1,836
27
28
$8,468
$1,904
28
29
$8,768
$1,972 29
30
$9,068
$2,040
30
31
$9,368
$2,108
31
32
$9,668
$2,176
32
33
$9,968
$2,244
33
34
$10,268
$2,312
34
35
$10,568
$2,380
35
36
$10,868
$2,448
36
37
$11,168
$2,516
37
38
$11,468
$2,584
38
39
$11,768
$2,652 39
40
SECTION NINE: PURCHASE & SALE OF PRODUCTS FOR FUNDRAISING
PURPOSES
9.01 STOCKPILING PROHIBITED
The success of the whhf depends on retail purchases by the
ultimate consumer; therefore all forms of stockpiling are prohibited. The whhf
recognizes that Supporters may wish to purchase certain fundraising products for
their own use. However, the whhf strictly prohibits the purchase of products in
unreasonable amounts and prohibits the purchase of products only or primarily
for rebate qualification.
9.02 ORDERING METHODS
All fundraising orders submitted to the whhf shall have the
Supporter Identification Number placed thereon to assist the whhf in crediting
the appropriate Supporter.
9.03 PAYMENT OPTIONS
Purchases may be paid by debit card or major credit card (from
the whhf’s available credit cards list). All purchasers are responsible for
paying the costs of any bank fees that result from defaulted payments plus an
administrative fee that may be charged by the whhf, which fee may be changed at
any time based on past payment history of the purchaser. If an underpayment is
made, the order will not be processed until the full amount is received by the
whhf. In the case of an overpayment being made by a Supporter, the whhf will
process the order and issue a credit to the Supporter’s account, which will
automatically refund on the next rebate amount paid to the Supporter. Orders
will not be processed if cancellation of a credit card is made. Orders for
fundraising products are not effective until accepted by the whhf. To expedite
purchasing, Supporters may authorize the whhf to keep a valid credit card on
file as security for payment.
9.04 SHIPPING AND HANDLING POLICY
Subject to availability all fundraising products will be shipped
by a whhf selected shipper within approximately ten (10) business days of
receipt of payment. Payment for products shall be made at time of order.
At the Supporter’s option, the product may be shipped to a customer's designated
“Ship-To address”, or to the Supporter.
9.05 PRODUCT DELIVERY
Upon clearance of payment, the fundraising products and materials
ordered will be shipped.
9.06 BACK ORDER POLICY
The whhf will expeditiously ship all fundraising products
currently in stock. Any out-of-stock items (unless discontinued) will be placed
on back order and distributed upon the whhf receiving additional inventory. The
Supporter will be charged and granted rebates on back ordered items once they
are shipped unless notified of the discontinuance of such product. Back orders
may be cancelled upon the Supporters request and will create a credit on the
Supporters account.
9.07 DAMAGED GOODS
The shipping company is responsible for any damage that occurs
after it takes physical custody of the fundraising products. A Supporter who
receives damaged goods should follow this procedure:
a) Accept delivery;
b) Before the driver leaves, document on the delivery receipt the
number of boxes which seem to be damaged and have the driver acknowledge the
damage in writing;
c) Save the damaged products or boxes for inspection by the
shipping agent;
d) Make an appointment with the shipping company to have the
damaged goods inspected, and make contact with the whhf to communicate the
results of the Supporters actions.
9.08 SHIPPING LOSS
In the event the Supporter or a consumer does not receive a
product order from the whhf in a timely fashion, the individual should contact
the offices of the whhf.
9.09 REFUSED SHIPMENTS
Should Supporters refuse delivery on any order he or she has
placed with the whhf and such product is subsequently returned to the whhf, the
whhf shall have the right to place that Supporter on suspension pending
resolution of the refusal of delivery. Neither the Supporter nor a consumer
shall refuse any ordered shipment from the whhf unless prior approval of the
whhf has been obtained.
9.10 PRICING POLICY
The whhf will furnish Supporters with a discount that may apply
from time to time, from its published retail prices in its then current consumer
catalog or order form in accordance with its policies. This discount does not
apply to literature, fundraising aids, gifts or special promotional items.
Prices for the whhf’s products, services to be sold for fundraising purposes,
and literature are subject to change without prior notice.
9.11 RETAIL PRICING
As A guide the whhf provides a suggested retail price for
products to be sold for fundraising purposes.
9.12 PROMOTIONAL ITEMS
All promotional items which bear the whhf name or logo must be
purchased solely from the whhf unless prior written permission is obtained from
the whhf.
9.13 PLACE OF SALE
The main activities of the whhf’s fundraising program will be via
the World Wide Web. Other methods, like person-to-person, one-on-one, small
group and in-home presentations may also be utilized. The whhf’s
fundraising products may not however be sold to or displayed by any retail
outlet, including, but not limited to supermarkets or food stores, flea markets
or swap meets, permanent restaurant displays, bars or night clubs or any such
similar establishment, convenience stores or fuel stations.
9.14 PRODUCT & SERVICES CLAIMS
Supporters may make no claim, representation or warranty
concerning any product or service of the whhf sold for fundraising purposes,
except those expressly approved in writing by the whhf or contained in official
whhf materials.
9.15 FAX BLASTS, SPAMMING
Fax blasting and unsolicited e-mailing (SPAMMING) is prohibited.
SECTION TEN: RETAIL GUARANTEE & REFUND POLICY
10.01 RETAIL CUSTOMER GUARANTEE
The whhf offers a thirty (30) day, 100% money-back, and
satisfaction guarantee to all those who purchase products for fundraising
purposes. If a purchaser is dissatisfied with any product for any reason, then
the product may be returned in its original package and shipping container to
the offices of the whhf within thirty (30) days of purchase, for either
replacement or a full refund of the purchase price. All other warranties and
guarantees are disclaimed.
10.02 WARRANTIES
Except as expressly stated herein, the whhf makes no warranty or
representation as to the merchantability, fitness for a particular purpose,
workmanship or any other warranty concerning any product or service purchased
from or through the whhf for fundraising purposes.
10.03 RETURN POLICIES
The whhf may from time to time introduce products available for
purchase for fundraising purposes. It may become necessary for products to be
returned. To return products you must obtain a return merchandise authorization
(RMA) and return the product(s) within 7 days after you receive the RMA. The
whhf will refund the original purchase price of products, and related sales
taxes, if applicable. SHIPPING & HANDLING FEES ARE NOT REFUNDABLE. YOU ARE
RESPONSIBLE FOR PRODUCTS UNTIL the whhf RECEIVES THEM. YOU WILL BE CHARGED A
RESTOCKING FEE OF 10% TO RETURN PRODUCTS. Returned products must be in the same
condition as you received them. THIS RETURN POLICY IS NOT A WARRANTY.
In order to properly process a refund or exchange, Supporters
must follow the steps and conditions set forth below:
All returns to the whhf must be accompanied by:
a. A signed statement from the retail customer identifying the
reason for the return;
b. A copy of the original retail sales receipt; and
c. The name, address, telephone number and email address of the
purchaser
SECTION ELEVEN: GENERAL PROVISIONS
11.01 INDEMNITY AGREEMENT
Each and every Supporter agrees to indemnify and hold harmless
the whhf, its, officers, employees, agents and successors in interest from and
against any claim, demand, liability, loss, cost or expense including, but not
limited to, court costs and attorneys' fees, asserted against or suffered or
incurred by any of them, directly or indirectly arising out of or in any way
related to or connected with allegedly or otherwise, the Supporters (a)
activities as a Supporter; (b) breach of the terms of the Agreement; and/or (c)
violation of or failure to comply with any applicable federal, state or local
law or regulation.
11.02 PROCESSING CHARGES
The whhf reserves the right to institute a processing charge for
rebate processing.
11.03 OTHER SERVICES & PRODUCTS
Supporters may not promote or sell other companies' products or
services at functions organized to feature the whhf’s fundraising products.
Supporters are not restricted from selling other organizations’ services and
products which are not similar to or competitive with the products and services
of the whhf. However promotion of competitive services, products and/or programs
with anyone, including Supporters is strictly prohibited.
11.04 LIABILITY
To the extent permitted by law, the whhf shall not be liable for,
and each Supporter releases the whhf from,
and waives all claims for any loss of profits, indirect, direct, special or
consequential damages or any other loss incurred or suffered by the Supporter as
a result of (a) the breach by the Supporter of the Agreement and/or the Terms
and Conditions or the Policies and Procedures; (b) the operation of Supporters
activities; (c) any incorrect or wrong data or information provided by the
Supporter; or (d) the failure to provide any information or data necessary for
the whhf to operate effectively,
including, without limitation, the enrollment and acceptance of the Supporter
into the Supporter Rebate Program or the payment of rebates.
11.05 RECORDKEEPING
The whhf encourages all Supporters to keep complete and accurate
records of all their activities.
11.06 FORCE MAJEURE
The whhf shall not be responsible for delays or failure in
performance caused by circumstances beyond a party's control, such as strikes,
labor difficulties, fire, war, natural disasters, government decrees or orders
or curtailment of a party's usual source of supply.
11.07 VIOLATIONS
It is the obligation of every the Supporter to abide by and
maintain the integrity of the Policies & Procedures. If the Supporter observes
another Supporter committing a violation, he or she should discuss the violation
directly with the violating Supporter. If the Supporter wishes to report such
violation to the whhf, he or she must detail violations in writing only and
forward the correspondence to the whhf.
11.08 AMENDMENTS
The whhf reserves the right to amend the Agreement, Policies &
Procedures, its pricing structure, product and service availability for
fundraising purposes and the Supporter Rebate Program type at any time without
prior notice as it deems appropriate. Amendments will be communicated to
Supporters through official whhf publications or the whhf website. Amendments
are effective and binding upon submission to the whhf website. In the event any
conflict exists between the original documents or policies and any such
amendment, the amendment will control.
11.09 NON-WAIVER PROVISION
No failure of the whhf to exercise any power under these Policies
& Procedures or to insist upon strict compliance by the Supporter with any
obligation or provision herein, and no custom or practice of the parties at
variance with these Policies & Procedures, shall constitute a waiver of the
whhf’s right to demand exact compliance with these Policies & Procedures. The
whhf’s waiver of any particular default by the Supporter shall not affect or
impair the whhf’s rights with respect to any subsequent default, nor shall it
affect in any way the rights or obligations of any other Supporter. No delay or
omissions by the whhf to exercise any right arising from a default effect or
impair the whhf’s rights as to that or any subsequent or future default. Waiver
by the whhf can be affected only in writing by an authorized officer of the
whhf.
11.10 GOVERNING LAW
The Agreement and these Policies and Procedures shall be governed
by the laws of the Republic
of Kenya.
11.11 DISPUTES
In the event a dispute arises between the whhf and a Supporter
regarding their respective rights, duties under this agreement, or in the event
of a claim of breach of the Supporter Agreement, it is agreed that such dispute
shall be exclusively resolved pursuant to binding arbitration under the
commercial rules of a suitable arbitration association or similar body to be
determined at the time of such dispute. The Arbitrator may award, in addition to
declaratory relief, contractual damages and shall award reasonable attorney’s
fees and costs to the prevailing party. An award of attorney’s fees and costs
shall continue through any review, appeal or enforcement of an arbitration
decision. The arbitration decision may be enforced in any court of competent
jurisdiction. This provision shall not be construed so as to prohibit either
party from obtaining preliminary or permanent injunctive relief in any court of
competent jurisdiction. The parties each expressly waive their right to collect
consequential, punitive and exemplary damages from the other party.
11.12 ENTIRE AGREEMENT
The Policies & Procedures are incorporated into the Agreement
and, along with the Supporter Rebate Program, constitute the entire agreement of
the parties regarding their relationship.
11.13 SEVERABILITY
If under any applicable and binding law or rule of any applicable
jurisdiction, any provision of the Agreement, including these Policies &
Procedures, or any specification, standard or operating procedure which
the whhf has prescribed is held to be
invalid or unenforceable, the whhf shall have the right to modify the invalid or
unenforceable provision, specification, standard or operating procedure or any
portion thereof to the extent required to be valid and enforceable, and the
Supporter shall be bound by any such modification. The modification will be
effective only in the jurisdiction in which it is required.
11.14 LIMITATION OF DAMAGES
TO THE EXTENT PERMITTED BY LAW, THE WHHF AND ITS OFFICERS,
EMPLOYEES AND OTHER REPRESENTATIVES, SHALL NOT BE LIABLE FOR, AND THE SUPPORTER
HEREBY RELEASE THE FOREGOING FROM, AND WAIVE ANY CLAIM FOR LOSS OF PROFIT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY ARISE OUT OF
ANY CLAIM WHATSOEVER RELATING TO WHHF PERFORMANCE, NONPERFORMANCE, ACT OR
OMISSION WITH RESPECT TO THE RELATIONSHIP OR OTHER MATTERS BETWEEN ANY ENTITY
AND ENTITY, WHETHER SOUNDING IN CONTRACT TORT OR STRICT LIABILITY. THE WHHF
SHALL NOT EXCEED AND IS HEREBY EXPRESSLY LIMITED TO, THE AMOUNT OF UNSOLD WHHF
SERVICES AND/OR PRODUCTS OF THE WHHF FOR FUNDRAISING PURPOSES OWNED BY
THE SUPPORTER AND ANY REBATES OWED TO THE SUPPORTER.
11.15 NOTICE
Any communication, notice or demand of any kind whatsoever which
either the Supporter or whhf may be required or may desire to give or to serve
upon the other shall be in writing and delivered by electronic communication
whether by telex, telegram, email or telecopy (if confirmed in writing sent by
registered or certified mail, postage prepaid, return receipt requested). Any
such communication, notice or demand shall be deemed to have been given or
served on the date of confirmed dispatch, if by electronic communication, or on
the date shown on the return receipt or by other evidence if delivery is by
mail.
World Health &
Humanitarian Foundation World Administration Office:
World Health & Humanitarian Foundation
Belpar House,
Court Road,
Nakuru,
Kenya
Postal address:
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