Friday, June 15, 2007

ITV Ventures Cancellation Process

12.1 — Effect of Cancellation
So long as a Representative remains active and complies with the terms of the Representative Agreement and these Policies and Procedures, ITV shall pay commissions to such Representative in accordance with the Marketing and Compensation Plan. A Representative’s bonuses and commissions constitute the entire consideration for the Representative’s efforts in generating sales and all activities related to generating sales (including building a Matrix organization). Following a Representative’s non-renewal of his or her Representative Agreement, cancellation for inactivity, or voluntary or involuntary cancellation of his or her Representative Agreement (all of these methods are collectively referred to as “cancellation”), the former Representative shall have no right, title, claim or interest to the marketing organization which he or she operated, or any commission or bonus from the sales generated by the organization. A Representative whose business is canceled will lose all previously-held rights as a Representative. This includes the right to sell ITV products and the right to receive future commissions, bonuses, or other income resulting from the sales and other activities of the Representative’s former Matrix sales organization. In the event of cancellation, Representatives agree to waive all rights they may have, including but not limited to property rights, to their former Matrix organization and to any bonuses, commissions, or other remuneration derived from the sales and other activities from his or her former Matrix organization.
The former Representative shall not hold himself or herself out as an ITV Representative and shall not have the right to sell ITV products. A Representative whose Representative Agreement is cancelled shall receive commissions and bonuses only for the last full pay period he or she was active prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
Former Representatives may re-apply as an ITV Representative after six (6) calendar months of inactivity (i.e. no attendance at any ITV functions, no purchases of ITV products for resale, no sales of ITV products, no sponsoring, and no participation in any other form of Representative activity or operation of any other ITV business). Following the six-month period of inactivity, the former Representative may re-apply under a sponsor of his/her choice. However, the re-entry is at the Representative level (Section 3.3) and the former Matrix organization remains in its current position.
12.2 — Cancellation Due to Inactivity
It is the Representative’s responsibility to lead his or her marketing organization with the proper example in personal production of sales to end consumers. Without this proper example and leadership, the Representative will lose his or her right to receive commissions from sales generated through his or her marketing organization. Therefore, Representatives who produce less than the minimum Personal Volume (“PV”) requirements as specified in the ITV Marketing and Compensation Plan for any pay period will not receive a commission for the sales generated through their marketing organization for that pay period.
If a Representative has failed to make any product purchases or place any product orders which satisfy his or her minimum Personal Volume (“PV”) requirements as specified in the ITV Marketing and Compensation Plan for a period of two (2) consecutive calendar months, the Agreement and position will be automatically terminated. Written confirmation of the termination will not be provided by ITV. Also, any Representative that fails to participate in the MAP (Monthly Action Program), which is the ongoing education and training system for ITV Ventures, for two consecutive months will be automatically terminated.
12.3 — Involuntary Cancellation
A Representative’s violation of any of the terms of the Agreement, including any amendments that may be made by ITV in its sole discretion, may result in any of the sanctions listed in Section 9.1, including the involuntary cancellation of his or her Representative Agreement. Cancellation shall be effective on the date on which written notice is mailed, return receipt requested, to the Representative’s last known address, or when the Representative receives actual notice of cancellation, whichever occurs first.
ITV expressly reserves the right to terminate all Representative Agreements upon thirty (30) days written notice in the event that it elects to: (1) cease business operations; (2) dissolve as a corporate entity; or (3) terminate distribution of its products via direct selling.
12.4 — Voluntary Cancellation
A participant in this direct sales plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the company at its principal business address. The written notice must include the Representative’s signature, printed name, address, and Representative I.D. Number.
12.4.1 - Non-renewal
A Representative may also voluntarily cancel his or her Representative Agreement by failing to renew the Agreement on its anniversary date.
12.5 Buy-Back Policy
ITV agrees to repurchase from a cancelled or canceling Representative all unencumbered products and sales aids purchased by the Representative from ITV within the previous thirty days, which are unused and in commercially resalable condition, for not less than 90 percent of the actual amount paid by the Representative for the products and sales aids which are being returned. Products and sales aids shall be deemed “resalable” if: (1) the product or sales aids, and their packaging, are in a condition that it is commercially reasonable for ITV to resell the merchandise at 100% of its wholesale cost; and (2) the expiration date on the product has not elapsed; and (3) the labeling on the product is current; and (4) the product or sales aids are unopened and the seals are unbroken (discontinued products and sales aides are non-refundable); and (5) the product or sales aids are in their original containers, and have not been damaged in any fashion. ITV will honor all terms, including the longer time periods, of state buy-back laws in Georgia, Louisiana, Maryland, Massachusetts, Montana, Puerto Rico, Oklahoma, Texas and Wyoming. Additionally, Montana Distributors who cancel within 15 days are entitled to a 100% refund of any consideration given to participate. Products certified as sold under the 50% rule are no longer subject to buy-back. Commissions paid on returned product are recoverable from all persons to whom the commissions were paid.
SECTION 13 — DEFINITIONS
Active Representative — A Representative who satisfies the minimum Personal Volume (“PV”) requirements, as set forth in the ITV Marketing and Compensation Plan, to ensure that he or she is eligible to receive bonuses and commissions.
Active Rank — The term “active rank” refers the current rank of a Representative, as determined by the ITV Marketing and Compensation Plan, for any calendar month. To be considered “active” relative to a particular rank, a Representative must meet the criteria set forth in the ITV Marketing and Compensation Plan for his or her respective rank. (See the definition of “Rank” below.)
Agreement - The contract between the Company and each Representative includes the Representative Application and Agreement, the ITV Policies and Procedures, the ITV Marketing and Compensation Plan, and the Business Entity Form (where appropriate), all in their current form and as amended by ITV in its sole discretion. These documents are collectively referred to as the “Agreement.”
Cancel — The termination of a Representative’s business. Cancellation may be either voluntary, involuntary, or through non-renewal or inactivity.
Commissionable Products — All ITV products on which commissions and bonuses are paid. Business Tools and sales aids are not commissionable products.
Personal Volume (PV) — The amount of volume from a sales order upon which commissions are paid. WDV will be in the currency of the country in which the order was placed.
Company — The term “Company” as it is used throughout the Agreement means ITV Marketing Group, Inc.
Matrix — See “Marketing Organization” below.
Matrix Activity Report — A monthly report generated by ITV that provides critical data relating to the identities of Representatives, sales information, and enrollment activity of each Representative’s Marketing Organization. This report contains confidential and trade secret information which is proprietary to ITV.
Matrix Leg — Each one of the individuals enrolled immediately underneath you and their respective marketing organizations represents one “leg” in your marketing organization.
End Consumer — A person who purchases ITV products for the purpose of personally using them rather than for resale to someone else.
Immediate Household — Heads of household and dependent family members residing in the same house.
Kit — ITV offers several kits to help Representatives develop the income opportunity afforded by marketing and selling ITV products. Each kit contains a selection of ITV training materials, business support literature, and product display items. The Future Leader Kit contains a more expansive collection of these items than the Business Builders Kit.
Level — The layers of Matrix Representatives in a particular Representative’s Marketing Organization. This term refers to the relationship of a Representative relative to a particular upline Representative, determined by the number of Representatives between them who are related by sponsorship. For example, if A sponsors B, who sponsors C, who sponsors D, who sponsors E, then E is on A’s fourth level.
Level Compression — The process by which inactive Representatives are excluded from the computation of bonuses and commissions for eligible Representatives. ITV’s compression program ensures that Representatives are paid on the Personal Volume (PV).
Marketing Organization — The Representatives sponsored below a particular Representative.
Official ITV Material — Literature, audio or video tapes, files, and other materials developed, printed, published and distributed by ITV to Representatives.
Personal Production — Moving product to an end consumer for personal use.
Recruit — For purposes of ITV’s Conflict of Interest Policy (Section 4.8), the term “recruit” means actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way, either directly or through a third party, another ITV Representative to enroll or participate in another multilevel marketing, Representative marketing or direct sales opportunity. This conduct constitutes recruiting even if the Representative’s actions are in response to an inquiry made by another Representative.
Resalable — Products and sales aids shall be deemed "resalable" if each of the following elements is satisfied: 1) they are unopened and unused; 2) packaging and labeling has not been altered or damaged; 3) the product and packaging are in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price; 4) the product contains current ITV labeling; and 5) the item has not been updated, re-recorded or reprinted since the customer or Representative’s purchase. Any merchandise that is clearly identified at the time of sale as nonreturnable, discontinued, or as a seasonal item, shall not be resalable.
Retail Customer — An individual who purchases ITV products from a Representative.
Roll-Up — The method by which a vacancy is filled in a Marketing Organization left by a Representative whose Representative Agreement has been cancelled.
Sponsor — A Representative who enrolls another Representative into the Company, and is listed as the Sponsor on the Representative Application and Agreement. The act of enrolling others and training them to become Representatives is called “sponsoring.”
Upline — This term refers to the Representative or Representatives above a particular Representative in a sponsorship line up to the Company. Conversely stated, it is the line of sponsors that links any particular Representative to the Company.
WHOLESALE DOLLAR VOLUME (WDV) -- All ITV products are assigned a WDV equivalent to their actual Wholesale Price paid by Representatives.

http://www.itvventures.com/sarah_tapp

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