Shakleenetagreement

Shaklee Web Services Agreement I wish to subscribe to and create a Shaklee Independent Distributor Personal Web Site (“PWS”). I understand and agree that Shaklee Corporation ("Shaklee") owns the PWS service, and that Shaklee is providing me access to this web site to promote my independent Shaklee business. I agree to use my PWS in accordance with the terms and conditions established by Shaklee and as set forth in the Statement of Privileges and Responsibilities of Shaklee Family Members (“P&R”), as amended from time to time. The P&R is located in the My Shaklee business library. To view the P&R, click on the following link. I agree to use my PWS only for my Shaklee business and not for any other purpose. Other than the prices that are recommended by Shaklee for Members and retail customers (e.g., MN or SRP) and designated on my web site, I agree not to advertise, or otherwise list or refer to, the price of any Shaklee products on my PWS. I agree not to use any term or mark in a PWS web site address or PWS site name (e.g., http://www.shaklee.net/PWS site name) that may cause the public to believe my PWS web site is owned by Shaklee or any of its subsidiaries or divisions. I agree to identify myself or my business name on the top line of the home page of my PWS. I understand that in submitting a PWS name that if I have not registered with Shaklee as a DBA, partnership or corporation, I risk losing that name to a party who registers the name with Shaklee as a business name. I understand it is my sole responsibility to ensure that any and all claims made for Shaklee products or the Shaklee Compensation Plan on my PWS are consistent with the claims set forth in the P&R and current Shaklee literature. I agree I will indemnify and hold Shaklee harmless from any claims, liabilities and expenses, including attorneys ' fees, as a result of any third party claim or demand arising from any product or earnings claim I make which is not taken from a current product label or a current, authorized Shaklee publication. I understand that I will have thirty (30) days after Shaklee makes a change in its literature or issues any new literature to update my web site. If I do not comply with any of the Shaklee terms and conditions relating to my PWS, Shaklee shall have the right to remove my PWS and to employ any or all of the remedies set forth in Section 5 of the P&R. The cost of the PWS account is non-refundable. However, because this service can only be purchased through an online transaction, there may be an occasional technical malfunction that could create multiple and/or unintentional fees or accounts. In such cases, the cost of any additional accounts will be refunded in full within thirty (30) days of my notifying Shaklee of such error by email to netquestions@shaklee.com 1 Thereafter, I can cancel the PWS monthly web services at any time by visiting my online account profile at www.shaklee.net/members/myAcctProf or by email to netquestions@shaklee.com Monthly subscription fees are non-refundable, and each PWS account must be cancelled separately. No other warranties Shaklee disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose, with respect to the PWS. This limited warranty gives me specific legal rights. I may have others, which vary from state to state. No liability for consequential damages Shaklee shall not be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of the use of or inability to use the PWS web site, even if Shaklee has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to me. This Agreement constitutes the entire agreement between Shaklee and me relating to the PWS, superseding all prior written or oral agreements between us and may only be amended by a written instrument agreed and executed by both Shaklee and me. Internet Policy The purpose of the Shaklee Internet policy is to encourage responsible and professional use of electronic communications over the Internet, to maintain a level playing field for all Shaklee Independent Distributors, and to ensure compliance with regulatory requirements. Although there are additional provisions in the P&R that apply to conducting business on the Internet, such as making unauthorized claims for Shaklee products, the following provisions also apply specifically to the Internet: Personal Web Site Service • Do not use any term or mark in a PWS URL* (PWS site name*, e. g., http://www.shaklee.net/PWS Name) that may cause the public to believe your web site is owned by Shaklee Corporation or any of its subsidiaries or divisions. • Display either your name, or your general partnership or corporate distributorship name on the top line of your PWS. This avoids the impression that a Shaklee.net PWS is a Shaklee corporate site. (General Partnership and Corporate distributorship names must not imply the distributorship is owned or controlled by Shaklee Corporation, e.g., “Order Online” would not be a proper distributorship name.) This information can be found in the name, slogan, and welcome message text boxes in the MyShaklee “My Website” edit menu. • Do not make any unauthorized claim on a PWS that Shaklee products are useful in the treatment or cure of any disease or health-related condition, unless 2 you use a health claim verbatim from official Shaklee labels or literature. Do not link your PWS to another website that makes such claims. • Shaklee Independent Distributors may not make exaggerated or misleading compensation claims on a PWS. Any compensation claim on a PWS must reference the Average Income by Rank chart provided within the PWS. • Shaklee Independent Distributors may not use a PWS for any business other than their Shaklee business. • Shaklee Independent Distributors can link to other sites from their PWS if the linked destination does not contain the “Shaklee” trade name, Shaklee product names, Shaklee logos, photos of Shaklee products that clearly display Shaklee product labels, or other Shaklee trademarks, unless the site is password protected, utilizing a password that cannot be determined by those entering the site unless they have been personally invited. • Shaklee Independent Distributors may not advertise, list, or refer to the price of Shaklee products on their PWS with the exception of the Suggested Retail Price or MN with enrollment as a Member. • Shaklee Independent Distributors may not include enticements such as “free membership with purchase,” “free shipping” or “specials” on a PWS, with the exception of special offers provided by Shaklee Corporation. • Shaklee Independent Distributors may not offer “product discounts” of their own specifications on a PWS, with the exception of promotional offers and program provided by Shaklee Corporation and published on the PWS. • Shaklee Independent Distributors may not integrate a PWS within another web page or URL that contains trademarked terms in any manner whatsoever (this includes “framing*” or “wrapping*”). • Shaklee reserves the right to suspend or remove any PWS that breaches Internet policies set forth in the P&R and/or Shaklee.net agreement. Appeals may be addressed to Field Administration via netviolations@shaklee.com. Non-Shaklee Web sites or Blogs • DISTRIBUTORS MAY NOT USE SHAKLEE TRADEMARKS, INCLUDING THE “SHAKLEE” TRADE NAME, SHAKLEE LOGOS, AND SHAKLEE PRODUCT NAMES WITHIN A NON-SHAKLEE WEB SITE, UNLESS THE NON-SHAKLEE WEB SITE IS PASSWORD PROTECTED. Password protected is described as requiring the visitor to input a password or code that cannot be determined by those entering the site unless they have been personally invited, before viewing the trademarked materials. 3 • Shaklee Independent Distributors are responsible for the content of the independent site, and may not link from a PWS to a non-Shaklee site on which claims are made for the diagnosis or treatment of disease, or on which products competing with Shaklee’s are sold. • Shaklee Independent Distributors may not promote a non-Shaklee product on any website that also promotes Shaklee products or the Shaklee Opportunity. • Shaklee Independent Distributors may not use any language on their nonShaklee website that implies, either directly or indirectly, that Shaklee products can be used to diagnose, treat or prevent disease, unless they use a health claim verbatim from official Shaklee labels or literature. • Shaklee Independent Distributors may not advertise, list, or refer to the price of Shaklee products on any page of their non-Shaklee website accessible to the public. • Shaklee Independent Distributors may link their non-Shaklee web site to their PWS if they do not display the “Shaklee” trade name, product names, Shaklee logos, photos of Shaklee products, or other trademarks on their nonShaklee site, unless that site is password protected as described above and the trademark appears on a page that is password protected. • Shaklee Independent Distributors may not use enticements such as “free membership,” “free shipping,” and other offers on any page of their non-Shaklee website accessible to the public. Search Engine Advertising • Shaklee Distributors may not use wording on a search engine listing that would lead the viewer to believe the site listed is owned or operated by Shaklee Corporation. For example, “Order Online” would not be acceptable, but “Shaklee Dist. – Order Online” is acceptable. • Shaklee Independent Distributors may not use Shaklee trademarks (Shaklee product names, logos, product photos, etc.) other than the name “Shaklee Distributor” in a search engine listing or message. • Shaklee Independent Distributors may not use any prices or pricing terms, including free or discounted product and other offers (for example, “free membership,” “free shipping,” “50% discount, etc.), in a search engine listing. A Distributor may state “Become a Shaklee Distributor and receive 15%-30% discount.” A Distributor’s search engine ad* may refer to special offers from Shaklee as applicable exclusively to Shaklee Independent Distributors, without 4 using pricing. For example, “special offer from Shaklee” would be appropriate so long as you identify yourself as a Shaklee Distributor. • Do not use an outside online payment system, such as PayPal, unless the nonShaklee site is password protected as described above and the online payment system appears on a page that is password protected.. • Shaklee Distributors may not make any claims in a search engine listing that Shaklee products may treat or prevent disease. This includes domain names for nonShaklee sites; for example, “www.preventarthritis.com” would not be acceptable. • Shaklee Distributors may not advertise any other company, organization or product on a listing that links to a PWS. Other Web Policies • Shaklee Independent Distributors may not use the “Shaklee” trade name, Shaklee product names and trademarks or product photos in online auction sites, e.g., eBay, banner ads*, online classified postings or publicly-accessible online message boards*. Nor may Shaklee Independent Distributors sell Shaklee products from such online auction sites. • Shaklee Independent Distributors may not use the “Shaklee” trade name, Shaklee product names, or trademarks within personal e-mail addresses, unless it is the e-mail address forwarding* assigned to your PWS (e.g., my_name@shaklee.net). • Shaklee Independent Distributors may not sell or facilitate the sale of any web sites or pages that include the Shaklee name, product names, or other trademarks. • Shaklee Independent Distributors may not send unsolicited e-mails (spam) to any person(s) with whom they have no prior relationship. • Shaklee Independent Distributors may not use PWS e-mail address forwarding* to promote any other company’s products or opportunity, including facilitating messages from outside vendors via the PWS contact web page form. Product Order Fraud Warning Shaklee Independent Distributors' Personal Web Sites are available to the public via the internet, and it is important for Distributors to be vigilant regarding fraudulent product orders made through e-mail or phone contacts from your 5 Personal Web Site, or other advertisements. Beware of product orders requested by an unknown retail customer seeking shipment to a one-time address that bear any of these warning signs of fraud: • A very large order or one that includes multiple higher priced items; • A Ship-to address that is outside of the U.S. (Reminder: Shaklee does not ship outside of the U.S.); • Customer insists upon overnight shipment with no concern for the cost; • Customer provides multiple bankcard numbers or a bankcard in a name other than his own; For direct orders, Shaklee will not accept third party credit cards as payment; the credit card name must match either the member name or the ship-to recipient name. For any concerns you may have about an order or payment method, please contact Shaklee before finalizing the order. When in doubt, consider taking these additional steps: (1) ship a large product order only after payment has cleared your bank (an initial credit card approval can later be reversed if the credit card number has been stolen, so allow several days for a transaction to clear); and (2) set up a new bank account to receive a direct payment for a large order rather than give your personal account information to someone you do not know. Neither Shaklee nor the credit card company will be responsible for any fraudulent orders you accept. You will be solely responsible for all losses sustained. For any issues regarding lack of compliance with these guidelines, send an e-mail to netviolations@shaklee.com. 6