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Turning your dreams into reality
Melody Palmer Products is more than just a company, it’s a family. By taking the opportunity to join a new company I have been able to grow and overcome obstacles both personally and professionally. You know as a part of this team, you are never alone no matter what you are facing. I can’t wait to be a part of all of the great things that are happening. ~ Missy Rice, distributor
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PLEASE READ AND AGREE TO OUR TERMS AND CONDITIONS
MELODY PALMER LLC Statement of Policies and Procedures
Code of Ethics
As an Independent Sales representative of MELODY PALMER LLC Corporation (hereinafter “MELODY PALMER” or “the Company”) I hereby promise and agree that:
- I will be honest and forthright in all my transactions while acting as a Sales representative of MELODY PALMER, and will perform all activities in a manner that will enhance my reputaution and the reputation of MELODY PALMER.
- I will not engage in any illegal or deceptive practice.
- I will be courteous and respect the time and privacy of everyone I contact or solicit in the course of my MELODY PALMER business. I recognize that MELODY PALMER’s policies anticipate and require the highest ethical conduct of MELODY PALMER Sales representatives in all their MELODY PALMER business dealings.
- I will fulfill my leadership responsibilities as a Sponsor, including training and providing support to the Sales representatives in my organization. I understand that the people I sponsor will have an increased opportunity for success in MELODY PALMER when they receive ongoing training and support.
- I will make no income claims or representations regarding the MELODY PALMER compensation plan, except those in MELODY PALMER literature. I acknowledge that an MELODY PALMER Sales representative’s success depends on many variables, such as amount of time and effort committed to his or her business and his or her skills and organizational ability.
- I will make no claims for MELODY PALMER products, services or its income opportunity except as published in official MELODY PALMER literature. I understand that even my truthful reports of personal experience of benefits received from MELODY PALMER products, services or its income opportunity may be interpreted as improper MELODY PALMER claims if I use those experiences as a sales device.
- I understand and agree that I am solely responsible for all financial and legal obligations incurred by me in the course of my business as a Sales representative of MELODY PALMER products and services, including self-employment taxes, income taxes, sales taxes, license fees, etc. I understand that I am an independent contractor for all federal and state tax purposes.
- I will compete aggressively but fairly, and I will respect the participants of other network marketing opportunities. I will not solicit from the sales representative lists or customer lists of other network marketing companies, nor focus sales or recruiting efforts solely on the customers or representatives of any other single company. I will not use sales materials that are regarded as proprietary by other companies.
OPERATIONAL POLICIES AND PROCEDURES
The policies and procedures serve as a guide to your relationship with MELODY PALMER LLC, hereinafter “MELODY PALMER.” Carefully review this document. We are here to support you and your efforts in your new business. Please contact your upline sponsor or the corporate office if you have any questions. MELODY PALMER embraces all of the principles of ethical personal and sound business conduct that makes us a company of trust and a legacy in this industry. MELODY PALMER is a direct selling, internet sales company marketing consumer services and products to its customers through Independent Sales representatives. The Policies and Procedures herein are applicable to all Sales representatives of MELODY PALMER. This statement of Policies and Procedures and the Compensation Plan are incorporated into the Sales representative Application and Agreement and constitute, along with the business guidance provisions contained in the Melody Palmer Handbook, entire agreement of the parties regarding their business relationship. These rules are reasonably related to the laws of the State of Texas and shall be governed in all respects thereby. These policies and all agreements between MELODY PALMER and Independent Sales representatives shall be governed by the laws of the State of Texas, and are binding on successors and assigns of both parties. Should any portion of these rules and regulations, of the Independent Sales representative application and agreement, or of any other instruments referred to herein or issued by MELODY PALMER, be declared invalid by a court of competent jurisdiction, the balance of such rules, applications, or instruments shall remain in full force and effect.
Application for Independent Sales representative Status
A person may become a MELODY PALMER Sales representative by completing, signing and returning a Sales representative Agreement to MELODY PALMER Corporate Headquarters, or by completing the on-line sign-up process. No person is required to purchase any MELODY PALMER products or services. The only purchase required of new Sales representative is the enrollment fee and subscription for an MELODY PALMER Virtual Office Business System which is sold at Company cost and is non-commissionable. The Virtual Office subscription supports the efforts of each new Sales representative with training tools, business tracking tools and downloadable product and income opportunity promotional materials.
The signed Sales representative Agreement becomes a binding contract when the Sales representative Agreement is received and accepted by MELODY PALMER. MELODY PALMER reserves the right to reject at its discretion, any application deemed unacceptable. Applicants and Sales representatives may not submit inaccurate or false information on a Sales representative Agreement. Incomplete and inaccurate Sales representative Agreements will not be accepted by MELODY PALMER, but will be returned for completion and resubmission. Each Sales representative is responsible for informing MELODY PALMER of any changes affecting the accuracy of the Sales representative Agreement.
To the extent permitted by law, MELODY PALMER shall not be liable for and Sales representative releases MELODY PALMER from, and waives all claims for any loss of profits, direct or indirect, special or consequential damages or any other loss incurred or suffered by Sales representative as a result of (a) the breach by Sales representative of this Agreement, (b) the operation of Sales representative’s business, (c) any incorrect or wrong data or information provided by Sales representative, or (d) the failure to provide any information or data necessary for MELODY PALMER to operate its business, including without limitation, the enrollment and acceptance of Sales representative into the income opportunity or the payment of commissions and bonuses.
Independent Contractor Status
MELODY PALMER Sales representatives are independent contractors. They are not franchisees, joint venture partners, employees or agents of MELODY PALMER, and are prohibited from stating or implying, whether orally or in writing, otherwise. Sales representatives have no authority to bind MELODY PALMER to any obligation. Independent Sales representatives will not be treated as employees with respect to such services for federal or state tax purposes. MELODY PALMER is not responsible for payment or co-payment of any employee benefits. Sales representatives set their own hours and determine how to conduct their MELODY PALMER business, subject to the Agreement and the Policies and Procedures. Sales representatives are responsible for liability, health, disability and workmen’s compensation insurance. As the Sales representative, you are responsible and agree to pay your own business expenses.
All Sales representatives must be of legal age in their state of residence to apply to become a Sales representative.
MELODY PALMER Sales representative ID#
Every MELODY PALMER Sales representative will be issued a unique Personal Identification, which will be used by the Sales representative for security purposes when placing product orders and when requesting Genealogy and status information. The original Sales representative Agreement must be submitted using a Social Security Number or, in the case of a business entity (corporation, partnership or trust), a Federal Tax Identification Number for the entity, or appropriate trust identification number. Sales representative Agreements will not be accepted without one of these numbers.
Each MELODY PALMER Sales representative is authorized to conduct business anywhere in the U.S.A. and its territories. There are no territorial restrictions.
Sales representative Marriage
If two Sales representatives marry, they may maintain their separate, independent organizations.
Sales representative Divorce
If married Sales representatives who share a Sales representative position obtain a divorce, MELODY PALMER will continue to treat the Sales representatives pursuant to the original Sales representative Agreement until such time as MELODY PALMER receives written notice, signed by both parties, and notarized, or a court order or decree directing otherwise. In addition, divorced Sales representatives should submit to MELODY PALMER a certified copy of any legal judgment or decree, specifying how future payments of commission checks are to be paid.
Corporations, Partnerships and Trusts
Entity applications must be signed by an authorized officer of the corporation, partnership or trustee of the trust and will become the binding Sales representative Agreement for such entity.
- Corporations: The Sales representative Agreement must include a copy of its Articles of Incorporation and by-laws, contain the names and Social Security or Federal ID Numbers of the principal officers (president, vice-president(s), secretary, and treasurer), members of the Board of Directors and shareholders.
- Partnerships: Partnership Applications must include a copy of the official partnership agreement, which must be signed by each of the individuals listed on the Sales representative Agreement. The Agreement must also contain the names and Social Security or Federal ID Numbers of all general and limited partners.
- Trusts: For a trust to be accepted, a letter identifying the manager or trustee of the trust must be submitted, including the trustee’s Social Security or Federal ID Number, the names of all per- sons having a beneficial interest in the Trust and a certified copy of the trust document.
Change of Status
Sales representatives who wish to change their status from that of an individual Sales representative to a participant in a corporation, partnership or trust, may do so at any time, subject to the policies outlined above, and only under the same Sponsor.
Death of Sales representative
In the case of the death of a MELODY PALMER Sales representative, rights of that Sales representative position shall pass to the Sales representative’s heirs. A certified copy of the will or court document along with a new Sales representative Agreement in the name of the succeeding individual must be submitted to MELODY PALMER within ninety (90) days of the death of the Sales representative. If MELODY PALMER does not receive appropriate instruction within ninety (90) days of the death of the Sales representative, MELODY PALMER will continue to send checks until ordered by the court. Transfer of ownership will take place after receiving appropriate court documents.
Fictitious and/or Assumed Names
A person or entity shall not apply as a Sales representative using a fictitious or assumed name. Sales representatives must comply with all federal, state and local statutes, regulations and ordinances concerning the operation of their business.
Business Volume Requirements
Refer to the Compensation Plan for business volume requirements to remain “active.” Failure to keep your Sales representative position active on a monthly basis results in the loss of existing downline volume and volume will not accumulate to earn commissions. Inactivity of more than 90 days may result in the termination of your Sales representative position.
Melody Palmer considers each commission period to run from 12 midnight, EST, the first day of a calendar month to 11:59 p.m., EST, the last day of a calendar month. The beginning of each month marks a new commission period. Only orders that are received within the commission period (or calendar month) will be considered for rank qualification and compensation for the period’s commission check. All bonuses, commissions, and rank qualifications are based on a calendar month-to-calendar-month basis. Each commission period reset PV as well leg status from the previous commissions period. The required qualifications need to be achieved on a monthly basis for rank status. If the last day of the month falls on a weekend or holiday, the deadline will be the next business day.
As independent contractors, Sales representatives will not be treated as franchisees, partners, employees, or agents 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. At the end of each calendar year, MELODY PALMER will issue to each Sales representative IRS Form 1099, or other applicable documentation required by law, for non-employee compensation of a Sales representative. It is the responsibility of each Sales representative to pay their own income taxes, usually on a quarterly basis.
MELODY PALMER encourages all its Sales representatives to keep complete and accurate records of all their business dealings. A recommended publication is the Retail Industry ATG – Chapter 3 – Examination Techniques for Specific Industries (Direct Sellers), available from the IRS website.
Term and Renewal
Subject to the terms of voluntary resignation, suspension and termination discussed in later sections, the agreement shall have a term beginning on the date of acceptance by MELODY PALMER and be subject to an annual renewal. Notice will be given and MELODY PALMER reserves the right to charge a renewal fee. Sales representatives who fail to renew within 30 days will be considered to have voluntarily resigned their Sales representative position. A Sales representative who fails or elects not to renew his/her Sales representative Agreement will lose their Sales representative position, all sponsorship rights, wholesale purchasing right and their over- rides. Sales representatives who fail to renew their Sales representative status may not reapply under a new sponsor for six (6) months after non-renewal.
Any information that is contained in any genealogical printout or downline sales report, or online back office system provided by the company to the Sales representative is the proprietary and confidential information of the company and is transmitted to the Sales representative in confidence. The Sales representative agrees not to disclose said information whether directly or indirectly to any third party, other person, firm, or entity, nor use the information for purposes of competing with the company or for promoting any other program or products other than MELODY PALMER program and products. The Sales representative and the company agree that, without this agreement of confidentiality and nondisclosure, the company would not provide the information to the Sales representative. The Sales representative understands and agrees this duty to maintain the confidentiality of this information will survive the termination of their Sales representative Application and Agreement for a period of Twelve (12) months.
Sales representative Code of Ethics
In pursuing the success of their MELODY PALMER business, MELODY PALMER Independent Sales representatives shall safeguard and protect the reputation of MELODY PALMER and its products. Sales representatives shall refrain from all conduct which might be harmful to the reputation of MELODY PALMER and its products and which may damage the ability of others to fairly represent the MELODY PALMER opportunity. MELODY PALMER Sales representatives will be professional in their approach to their business activities and strictly avoid all deceptive, misleading, discourteous, unethical and immoral conduct. MELODY PALMER Sales representatives will respect the honest efforts of fellow Sales representatives and not engage in predatory or unethical recruitment practices. MELODY PALMER respects the business activities of all legitimate companies and strictly discourages any MELODY PALMER Sales representative from unfairly representing any competing opportunity. MELODY PALMER believes that the ultimate success of all MELODY PALMER Sales representatives depends on its ability to bring important products and opportunities to the market. This will be done in a positive and honorable way.
- A Sales representative may voluntarily terminate his or her Sales representative position status by failing to renew or sending a written notice of resignation or termination to MELODY PALMER. Voluntary resignation is effective upon receipt of such notice by MELODY PALMER.
- A Sales representative who resigns or terminates his or her Sales representative status may reapply as a Sales representative six (6) months after resignation.
Sales representative may be suspended for violating the terms of his or her Agreement, which includes the Policies and Procedures, the Compensation Plan and other documents produced by MELODY PALMER. When a decision is made to suspend a Sales representative, MELODY PALMER will inform the Sales representative 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 Sales representative’s address on file with MELODY PALMER pursuant to the notice provisions contained in the Policies and Procedures. Such suspension may or may not lead to termination of the Sales representative’s Sales representative position as so determined by MELODY PALMER in its sole discretion. If the Sales representative wishes to appeal, MELODY PALMER must receive such appeal in writing via certified mail within fifteen (15) days from the date of the suspension notice. MELODY PALMER will review and consider the suspension appeal and notify the Sales representative in writing of its decision within thirty (30) days from the date of the appeal. The decision of MELODY PALMER will be final and not subject to further review. MELODY PALMER may take certain action during the suspension period, including, but not limited to, the following:
- Prohibiting the Sales representative from holding himself or herself out as a Sales representative of MELODY PALMER or using any of MELODY PALMER proprietary marks and/or materials;
- Prohibiting the Sales representative from purchasing services and products from MELODY PALMER; and/or
- Prohibiting the Sales representative from sponsoring new Sales representatives, contacting current Sales representatives or attending meetings of Sales representatives. If MELODY PALMER, in its sole discretion, determines that the violation that caused the suspension is continuing, has not satisfactorily been resolved, or a new violation involving the suspended Sales representative has occurred, the suspended Sales representative may be terminated.
A Sales representative may be terminated for violating the terms of his or her Agreement, which includes these Policies and Procedures, the Compensation Plan and other documents produced by MELODY PALMER. MELODY PALMER may terminate a violating Sales representative without placing the Sales representative on suspension, at MELODY PALMER sole discretion. When the decision is made to terminate a Sales representative, MELODY PALMER will inform the Sales representative in writing at the address in the Sales representative’s file that the termination has occurred, effective thirty (30) days from the date of the written notification.
If a Sales representative wishes to appeal the termination, MELODY PALMER 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 a Sales representative files a timely notice of appeal, MELODY PALMER will review the appeal and notify the Sales representative of its decision within ten (10) days after receipt of the appeal. The decision of MELODY PALMER will be final and not subject to 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.
Effect of Termination
Immediately upon termination, the terminated Sales representative:
- Is no longer authorized to sell MELODY PALMER products;
- Must cease representing himself or herself as a Sales representative of MELODY PALMER;
- Must remove and permanently discontinue the use of the trademarks, service marks, trade names, any signs, labels, stationary or advertising referring to or relating to any MELODY PALMER product, plan or program;
- Loses all rights to his or her Sales representative position and position in the Compensation Plan and to all future commissions and earnings resulting therefrom; and
- Must take all action reasonably required by MELODY PALMER relating to protection of its confidential information. MELODY PALMER has the right to offset any amounts owed by a Sales representative to MELODY PALMER from commissions or other compensation due to the Sales representative including, without limitation, any indemnity obligation incurred pursuant to the indemnity section.
Any person or entity whose agreement is terminated shall not be allowed to reapply to the company.
Any Sales representative who transfers his or her Sales representative position must wait for six
(6) months after the effective date of such transfer before becoming eligible to reapply to become a Sales representative.
Where state laws on termination are inconsistent with this policy, the applicable state law shall
Acquisition of Business
Any Sales representative desiring to acquire an interest in another Sales representative’s business must terminate his or her Sales representative position 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 MELODY PALMER in advance.
Conditions to Transferability
Except as expressly provided herein, a Sales representative may not sell, assign, merge or transfer his or her Sales representative position, or rights thereto, without the prior written approval of MELODY PALMER and subject to the following conditions:
- MELODY PALMER possesses the right of first refusal with respect to any sale, assignment, transfer or merger of any Sales representative position. A Sales representative wishing to sell, assign, transfer or merge his or her Sales representative entity must first provide the upline sponsor with the option to make such a purchase or receive such transfer in writing on the terms and conditions as any outstanding or intended offer. The upline sponsor must advise the Sales representative within ten (10) business days after receipt of such notice of its decision to accept or reject the offer. If the upline sponsor fails to respond within the ten (10) day period, or declines such offer, the Sales representative may make the same offer or accept any outstanding offer which is on the same terms and conditions as offered MELODY PALMER, to any person or entity, who is not a Sales representative, married to, or a dependent of a Sales representative, or who has any interest in a Sales representative position.
- The selling Sales representative must provide MELODY PALMER 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. A transfer fee of $100.00 must accompany the transfer documents;
- The documents must contain a non-compete covenant made by the selling Sales representative for the benefit of the proposed purchaser not to compete with the purchaser or attempt to divert or sponsor any existing MELODY PALMER Sales representative for a period of one (1) year from the date of the sale or transfer; and
- Upon a sale, transfer, merger or assignment being approved in writing by MELODY PALMER, the buying Sales representative must assume the position of the selling Sales representative and must execute a current Agreement and all such other documents as reasonably may be required by the Company.
Transfers to Sales representatives
Except as expressly set forth herein, Sales representatives may not sell, assign or otherwise transfer his or her Sales representative position (or rights thereto) to another Sales representative or to an individual which has an interest in a MELODY PALMER Sales representative position. Notwithstanding the foregoing, a Sales representative may transfer his or her Sales representative position to his or her sponsor, subject to the conditions of the transferability section. In such event, the sponsor’s Sales representative position and the transferred Sales representative position shall be merged into one.
Change of Sponsorship
Any change of Sponsor is discouraged and requires the prior written approval of MELODY PALMER (which may be withheld at its sole discretion) and is subject to the following conditions:
- The notarized, signed consents of the original sponsor, the new sponsor, and the sponsored individual, must be submitted to MELODY PALMER;
- A written request for transfer explaining the exact reason for the request of transfer must be submitted to MELODY PALMER;
- A transfer fee of $100.00 is paid to MELODY PALMER;
- The requirements of conditions to transferability section are complied with; Personally sponsored Sales representatives of the transferred Sales representative must request in writing to move with their sponsor.
Circumvention of Policies
If it is determined, in MELODY PALMER sole discretion, that a Sales representative position was transferred in an effort to circumvent compliance with the Agreement of the Policies and Procedures, the Sales representative position will revert back to the transferring Sales representative who will be treated as if the transfer had never occurred from the reversion day forward. If necessary, and at MELODY PALMER sole discretion, appropriate action, including, without limitation, termination, may be taken against the transferring Sales representative to ensure compliance with the Agreement and Policies and Procedures.
A Sales representative who terminates his/her Sales representative Status may have the right to return unopened, unencumbered and currently marketable sales aids purchased from the Company within thirty days of termination (90 days in Maryland and Puerto Rico; one year in Idaho, Indiana, Louisiana, Montana, Nebraska, Oklahoma, South Dakota, Tennessee, Texas and Washington; no time limit in Massachusetts, Georgia, New Jersey and Wyoming), provided the material is returned in a CURRENT REUSABLE and RESALABLE CONDITION. Return will be issued in like-kind payment and may take up to 30 days to process. MELODY PALMER will refund 90% of the cost of returned items to the Sales representative (unless otherwise required by state law) less any appropriate setoffs and legal claims. No repayment will be made on original shipping and handling charges. The return shipping costs will be borne by the Sales representative. Additionally, Montana residents who cancel within 15 days are entitled to a 100% refund of any consideration given to participate. In order to assure that refund of returned items will be issued, strict compliance to the following procedures is required:
A written return request must be submitted, stating the reason for the termination, the reason for the return of MELODY PALMER product and/or sales materials.
Proof of MELODY PALMER payment and a copy of the Purchase Order Form or packing slip must accompany this written request. MELODY PALMER sales materials returned without prior authorization will be returned to the Sales representative. MELODY PALMER will instruct the Sales representative where to ship the materials for restocking and verification, and will also provide the Sales representative with the appropriate quantity of authorized MELODY PALMER return merchandise shipping labels. Upon receipt and inspection of the return, MELODY PALMER will process the appropriate refund for payment. Sales representative must pay the cost of return freight.
Sales representatives may sponsor other Sales representatives in the United States into the MELODY PALMER business. Sales representatives must ensure that each potential Sales representative has reviewed and has access to the current Policies and Procedures and Compensation Plan prior to or when enrolling the individual.
From time to time, prospects will contact MELODY PALMER directly. It is always the policy of MELODY PALMER to determine if the prospect has been contacted by a MELODY PALMER Sales representative. If this is not the case, the prospect’s information may be forwarded to the active Sales representative in close proximity to the prospect.
If an applicant submits multiple Agreements which list different sponsors, only the first completed Agreement to be received by MELODY PALMER will be accepted. The decision of MELODY PALMER is final.
A Sponsor must maintain an ongoing professional leadership association with Sales representatives in his or her organization and must fulfill the obligation of performing a bona fide supervisory role in the sale or delivery of products and services.
Cross Selling/Cross Sponsoring
MELODY PALMER Sales representatives shall not sell or represent non-MELODY PALMER products or represent marketing opportunities from other companies to other MELODY PALMER Sales representatives. Non-MELODY PALMER products or opportunities may not be promoted in any way at official MELODY PALMER events, meetings, conventions or other gatherings.
MELODY PALMER offers the convenience of signing up new Sales representatives by telephone by calling 1-800-416-9315. The MELODY PALMER agent will ask for all information contained on the Sales representative Application and Agreement including Personal Sponsor and Placement Information. The new Sales representative is now eligible for all the privileges and benefits of any other MELODY PALMER Sales representative. It is the responsibility of the Sponsoring Sales representative to acquaint the new Sales representative with MELODY PALMER Policies and Procedures. IMPORTANT: Sales representatives who sign up over the telephone must submit a completed Sales representative Application Agreement with their signature within ten (10) days of sign up. Failure to comply with the requirement will result in forfeiture of bonuses and commission checks and termination.
MELODY PALMER does not allow Sales representatives to transfer sales volume from one Sales representative to another Sales representative.
Prices of all MELODY PALMER products and sales materials are subject to change without notice.
Sale of Product
MELODY PALMER Product may be purchased and sold only within the U.S.A. The Company will provide participant access to monthly commission statements, commission checks, and annual 1099 tax forms. The Company will make available to participant, sales aids, product information, and other information.
The Melody Palmer business model does not provide for the sale of products or sales aids into inventory of an independent sales representative for resale.. All Sales representatives must pay tax to the Company on their personal purchases made for personal use and consumption. As a Sales representative you agree to abide by the rules and procedures as set forth in the sales tax collection agreements that the Company may enter into with the various states and local jurisdictions.
The participant will receive training by reading the online materials found in MELODY PALMER Back Office, product information, and other Company materials. Training will also be provided by the sponsor, and Company training seminars.
Trademarks and Copyrights
MELODY PALMER name, trademarks, service marks and copyrighted materials are owned by MELODY PALMER LLC,. The use of such marks and materials must be in strict compliance with these Policies and Procedures.
Use of MELODY PALMER Name
Sales representatives may use the name of MELODY PALMER only if they are identified as an Independent Sales representative of MELODY PALMER in conjunction with the use of the name MELODY PALMER and its logo or trademarks.
Advertising and Promotional Materials: Only the promotional and advertising materials produced by MELODY PALMER or approved in advance in writing by MELODY PALMER may be used to advertise or promote a Sales representative’s MELODY PALMER business or to sell products and services of MELODY PALMER. MELODY PALMER literature and materials may not be duplicated or reprinted without the prior written permission of MELODY PALMER.
Stationery and Business Cards: Sales representatives are not permitted to create their own stationery, business cards or letterhead graphics if MELODY PALMER trade name and/or trademarks are used. Only approved MELODY PALMER graphics version and wording are permitted.
Print and Electronic Advertising
All materials used in the placement of any advertising in any print or electronic media, including Internet web sites must be approved by MELODY PALMER prior to use. Sales representatives are not permitted to use the MELODY PALMER trade name as a website address or in any other manner without the written approval of MELODY PALMER.
Telephone, Yellow and White Page Listing: Sales representatives are not permitted to use MELODY PALMER trade name in advertising their telephone and FAX numbers in the white or yellow page sections of the telephone book except as outlined below. Sales representatives are not permitted to list their telephone numbers under MELODY PALMER trade name without first submitting a request to MELODY PALMER for approval. If approval is granted for an 800 listing, it must be stated in the following manner: Jones, John D.
Sales representatives may not answer the telephone by saying MELODY PALMER or in any other manner that would lead the caller to believe that he or she has reached the corporate office of MELODY PALMER LLC.
Sales representatives are not permitted to use MELODY PALMER trade name or any of its trademarks or service marks on their business or personal checking accounts. However, Sales representatives may imprint their MELODY PALMER business checks with MELODY PALMER Independent Sales representative.
No endorsements by a MELODY PALMER officer or administrator or third parties may be asserted, except as expressly stated in MELODY PALMER literature. State regulatory agencies do not approve or endorse direct selling programs. Therefore, Sales representatives may not represent or imply, directly or indirectly, that MELODY PALMER program, products or services have been approved or endorsed by any governmental agency.
Media inquiries should be referred to MELODY PALMER Corporate Office.
Sales representatives may not produce or reproduce for sale or personal use products sold by MELODY PALMER or any of MELODY PALMER produced literature, audio or video material, presentations, events or speeches, including conference calls. Video and/or audio taping of MELODY PALMER meetings and conferences is strictly prohibited, without Company permission. Still photography is allowable at the discretion of the meeting host.
Sales representatives, as independent contractors, are encouraged to distribute information and direction to their respective downlines. However, Sales representatives must identify and distinguish between personal communications and the official communications of MELODY PALMER.
With respect to product purchases from MELODY PALMER, Sales representatives must abide by all manufacturers’ use restrictions and copyright protections.
MELODY PALMER business relationships with its vendors, manufacturers and suppliers are confidential. Sales representatives must not contact, directly or indirectly, or speak to or communicate with any supplier or manufacturer of MELODY PALMER except at a MELODY PALMER sponsored event at which the supplier or manufacturer is present at the request of MELODY PALMER.
MELODY PALMER reserves the exclusive right to all uses of its trade names, trademarks, logos and copyrighted material. MELODY PALMER prohibits the unauthorized use of any of its protected names, marks or logos on any materials for personal use or for resale.
One of the most effective ways to share the MELODY PALMER products is to share your personal experiences. These experiences must be your own.
Sales representatives must truthfully and fairly describe the Compensation Plan. No false or misleading income claims may be made to prospective Sales representatives. Sales representatives may not use their own incomes as indications of the success assured to others. Commission checks may not be used as marketing materials. Sales representatives may not guarantee commissions or estimate expenses to prospects. The power of the MELODY PALMER Compensation Plan may be accurately shown using MELODY PALMER approved materials. Each Sales representative understands that his or her success is dependent on their effort, dedication, resources and the time he or she commits to this enterprise.
Representations of Government Endorsements
MELODY PALMER Sales representatives may not represent that the MELODY PALMER Compensation Plan or any of its Products are approved by any government agency.
All advertising must be approved prior to use. Failure to receive approval for advertising may result in suspension or termination of Sales representative position.
What you may use:
MELODY PALMER corporate name and logo only when you identify yourself as a MELODY PALMER Independent Sales representative.
Logos, copy, etc. provided.
What you may not use:
- Any copyrighted image or document without prior approval.
- Quotes from any corporate official or other Sales representative without approval.
- Third party testimonials.
Use of Logo Sheet Provided:
There is a logo sheet available online for MELODY PALMER Sales representatives to use. You may not change these in any way. You may not change color or design in any manner. These are trademarked icons of MELODY PALMER.
MELODY PALMER reserves the right to amend the Rules set forth herein, its wholesale or suggested retail prices, MELODY PALMER product availability and Compensation Plan, as it deems appropriate. Amendments will be communicated to all Sales representatives in one or more of the following forms: online newsletters, email or email blast, written or published materials, circulated or made available to all Sales representatives or publication on the MELODY PALMER web site. Amendments are effective and binding on all Sales representatives as of the date of issuance. In the event of any conflict between the agreement of the Rules and any such amendment, the amendment shall control.
No failure of MELODY PALMER to exercise any power or right under these Rules or to insist upon strict compliance by a Sales representative with any obligation or provision herein, and no custom or practice of the parties at variance with these Rules, shall constitute a waiver of MELODY PALMER right to demand exact compliance with these Rules. An authorized officer of MELODY PALMER may affect waiver by MELODY PALMER only in writing. MELODY PALMER waiver of any particular default by a Sales representative shall not affect or impair MELODY PALMER rights with respect to any subsequent default, nor shall it affect in any way the rights or obligations of any other Sales representative. Nor shall any delay or omission by MELODY PALMER to exercise any right arising from default affect or impair MELODY PALMER’s rights as to that or any subsequent default.
- All disputes and claims relating to MELODY PALMER, its products, the Sales representative Agreement, or the MELODY PALMER Compensation Plan, including but not limited to (1) the rights and obligations of the Sales representative and MELODY PALMER, (2) any other claims or causes of action relating to the performance of either the Sales representative or MELODY PALMER under the Sales representative Agreement or the Rules and Regulations, and/or (3) the Sales representative’s purchase of MELODY PALMER products shall be settled totally and finally by arbitration in Spooner, Wisconsin or such other location as MELODY PALMER prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association. Louisiana residents may arbitrate in New Orleans. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions with preference being an attorney knowledgeable in the direct selling industry, selected from the panel that the American Arbitration Association provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. If the Sales representative files a claim or counterclaim against MELODY PALMER, the Sales representative shall do so on an individual basis and not with any other Sales representative or as part of a class action. The decision of the arbitrator shall be final and binding on 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 termination or expiration of the Sales representative Agreement.
- Notwithstanding the foregoing, the arbitrator shall have no jurisdiction over disputes relating to the ownership, validity or registration of any mark or other intellectual property or proprietary confidential information of MELODY PALMER without MELODY PALMER prior written consent. MELODY PALMER seek any applicable remedy in any applicable forum with respect to these disputes and with respect to money owing to MELODY PALMER. In addition to monetary damages, MELODY PALMER may obtain injunctive relief against the Sales representative for any violation of the Sales representative Agreement and for any violation or misuse of MELODY PALMER trademark, copyright or confidential information policies.
- Nothing in this rule shall prevent MELODY PALMER from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction and/or other injunctive or emergent relief available to safeguard and protect MELODY PALMER interest prior to the filing of or during or following any arbitration or other proceeding or pending the handing down of a decision or award in connection with any arbitration or other proceeding.
- The existence of any claim or cause of action of the Sales representative against MELODY PALMER, whether predicated on the Sales representative Agreement or otherwise, shall not constitute a defense to MELODY PALMER’s enforcement of the Sales representative’s covenants and agreements contained in the Sales representative Agreement or the Rules.
Jurisdiction and Venue
The Sales representative Agreement and the Rules shall be construed enforced in accordance with the laws of the State of Wisconsin without reference legal principles that would cause the law of another jurisdiction to be applied. Causes of action between the parties hereto of any type, whether on the Sales representative Agreement, on fraud or any other tort, or grounded in principles of strict liability or statutes of any kind, shall be heard exclusively in a court of competent jurisdiction in Spooner, Wisconsin, each party hereby submitting to the jurisdiction of such courts and expressly waiving the right to bring suit in all other courts. In any cause of action the winner shall be entitled to recovery of all reasonable attorney fees, court costs and other costs of the action. Louisiana residents may choose Louisiana law, jurisdiction, and venue, and may arbitrate in New Orleans.
Limitation of damages
To the extent permitted by law, MELODY PALMER and its affiliates, officers, directors, employees, and other Sales representatives shall not be liable for, and the Sales representative hereby releases the foregoing from and waives any claim for loss of profit, incidental, special, consequential, or exemplary damages which may arise out of any claim whatsoever relating to MELODY PALMER’s performance, non-performance, act, or omission with respect to the business relationship or other matters between the Sales representative and MELODY PALMER whether sounding in contract, tort, or strict liability. Furthermore, it is agreed that any damage to the Sales representative shall not exceed, and is hereby expressly limited to, the amount of unsold MELODY PALMER products and services owned or held by the Sales representative and commissions owing.
The English version of these Rules, as maintained by MELODY PALMER, is the official version and shall control over any other language version(s), which may be made available for ease of reference for some Sales representatives. As used in the MELODY PALMER materials, when the term, sell and words of similar import are used to describe the sales activities of a Sales representative, this is an abbreviated reference to the promotional activities of Sales representative with respect to sales and it is understood that all are between MELODY PALMER and the purchaser, not between the Sales representative and the purchaser.
Official correspondence must be sent via postal mail to: MELODY PALMER LLC, W2547 County Hwy AM, Springbrook, Wisconsin 54875. Phone: 800-416-9315.
This statement of Rules and Regulations/Policies & Procedures (along with the Compensation Plan and the Terms and Policies Applicable to Use of MELODY PALMER Internet Services) is incorporated into the Sales representative Application and Agreement and constitutes the entire agreement of the parties regarding their business relationship. No other promises, representations, guarantees or agreements of any kind shall be valid unless in writing. If any provision herein is held to be invalid, all other provisions shall remain valid and enforceable.
TERMS AND POLICIES APPLICABLE TO USE OF MELODY PALMER INTERNET SERVICES
Terms of Internet Service Content.
The content of the MELODY PALMER Internet service is intended for the commercial use of its Users. All materials published on MELODY PALMER web site or self-replicating web sites (including, but not limited to news articles, information pages, product photographs, images, illustrations, merchant banners, merchant products, audio clips, flash movies, and video clips, collectively known as the Content) are protected by copyright and other intellectual property laws, and are owned or controlled by MELODY PALMER, or the party credited as the provider of the content, software or other materials. User shall abide by all additional copyright or other notices, information or restrictions appearing in conjunction with any content accessed through the service.
Sales representative may not post, transmit, or market the following: Any material that is threatening, abusive, defamatory, obscene, or otherwise unlawful; Any material that violates the copyrights, trademarks, service marks, trade secrets, patents or other property rights of others; Any pornographic, sexually explicit or gambling material or links to similar adult content; Any material that discloses personal private matters about any person without consent; Any material posted anonymously or under a false name; or Any material which disparages MELODY PALMER or other Users.
Collective Work Copyright.
The MELODY PALMER web pages are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws.
Except as set forth previously, User may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided for previously), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials in whole or in part.
User may download or copy the content and other downloadable items displayed on MELODY PALMER web pages for commercial use as a MELODY PALMER Sales representative, and/or a MELODY PALMER Website Owner only, provided that user maintains all copyright and other notices contained in such content. Copying or storing of any Content for uses other than commercial use as a MELODY PALMER Sales representative, and/or Website Owner is expressly prohibited without the prior written permission from MELODY PALMER’s Rights and Permissions Department, or the copyright holder identified in the individual content’s proprietary and/ or copyright notices.
Representations and Warranties
User represents, warrants and covenants:
- that no materials of any kind submitted by user (or MELODY PALMER use thereof in accordance with these Rules), will (i) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and
- that user is at least 18 years old. User hereby indemnifies, defends and holds MELODY PALMER and all officers, Managers, Sales representatives, Website Owners, directors, owners, agents, information providers, Sales representatives, licensors and licensees (collectively, the Indemnified Parties) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by user of these Rules or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. User shall cooperate as fully as reasonably required in the defense of any claim. MELODY PALMER reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User.
User shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to User to access MELODY PALMER web pages. User may not sublicense, assign or transfer any licenses granted by MELODY PALMER, and any attempt at such sublicense, assignment or transfer is void. User may copy such software for archival purposes only. User may not copy, distribute, modify, reverse, engineer or create derivative works from this software.
Software Available on the MELODY PALMER and/or self-replicating Web Sites. Software (if any) that is made available on the MELODY PALMER website and/or self-replicating web sites (Software) is the copyrighted work of MELODY PALMER and/or its Sales representatives. User’s use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (License Agreement). User may not install or use any Software that is accompanied by or includes a License Agreement unless user first agrees to the License Agreement terms. For any Software not accompanied by a license agreement, MELODY PALMER hereby grants to user, a personal, non-transferable license to use the Software for viewing and otherwise using the MELODY PALMER website and/or self-replicating web sites in accordance with these Rules, and for no other purpose provided that user keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO
THE TERMS OF THE LICENSE AGREEMENT. User acknowledges that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. User agrees not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
MELODY PALMER may, in its sole discretion, terminate or suspend user’s access to all or part of the web access for any reason, including, without limitation, breach of the Terms of Service. Users of MELODY PALMER acknowledge that site administrators have the right to terminate use without notice for any user who restricts, inhibits or disrupts any MELODY PALMER event or attempts to alter or improperly access any feature or function of the site. A user’s access may also be subject to termination if the user posts or transmits any illegal content; harasses or threatens any MELODY PALMER user or MELODY PALMER employee; posts content (including the creation of usernames) that is offensive or otherwise disruptive of MELODY PALMER activities; posts unsolicited advertising; or improperly impersonates an MELODY PALMER employee or other individual.
Removal of Sites
MELODY PALMER cannot and does not screen all content provided on MELODY PALMER self-websites and does not assume any obligation to monitor content. HOWEVER, USER AGREES THAT MELODY PALMER MAY MONITOR SITES AND CONTENT PERIODICALLY, AND MELODY PALMER RESERVES THE RIGHT AT ITS SOLE DISCRETION TO REMOVE ANY SITE, WITHOUT NOTICE AND WITH NO OBLIGATION TO REFUND FEES PAID, WHICH IN ITS JUDGMENT IS IN VIOLATION OF THIS AGREEMENT OR OTHERWISE IS UNLAWFUL OR HARMFUL TO MELODY PALMER AND/OR OTHER USERS.
Copyright and Trademark Notices
All contents of the MELODY PALMER website and/or self-replicating website are Copyright © MELODY PALMER. All rights reserved. MELODY PALMER, http://www.melodypalmerproducts.com are trademarks of MELODY PALMER, all pending or registered in U.S. Patent and Trademark Office. The material on this site may not be reproduced and may not be distributed, publicly performed, proxy cached or otherwise used, except with the prior express permission of MELODY PALMER. Other product and company names mentioned herein might be the trademarks of their respective owners.
Requesting Reproduction Permissions
Permission is required prior to the reproduction of any material viewed on the MELODY PALMER website and/or the self-replicating web sites. While permission is not readily granted, serious inquiries will be considered. E-mail or write the Rights and Permissions Department of MELODY PALMER at: MELODY PALMER, Rights and Permissions, W2547 County Hwy AM, Springbrook, WI 54875, or e-mail: firstname.lastname@example.org (Attention: Rights & Permissions).
Custodian of Records
Custodian of records is Melody D Palmer. All records required by law to be maintained by Publisher are located in the city of Springbrook, WI, USA.
The MELODY PALMER website and/or self-replicating websites provide Users the opportunity to opt-out of receiving communications from MELODY PALMER and our Sales representatives at the point where we request information about the visitor.
The MELODY PALMER web site and/or self-replicating web sites provide users with the following options for removing their information from our database, to not receive future communications, or to no longer receive our service. You can send e-mail to email@example.com. You can enter your email address and enter UNSUBSCRIBE in the subject line. You can send mail to the following postal address: Customer Service, MELODY PALMER, W2547 County Hwy AM, Springbrook, WI 54875, phone 800-416-9315.
MELODY PALMER gives users the following options for changing and modifying information previously provided. You can modify editable information through your back office. You can send email to customersupport@MELODYPALMERPRODUCTS.com. You can contact MELODY PALMER Headquarters at 800-416-9315.
General Provisions Usability
To the extent permitted by law, MELODY PALMER shall not be liable for, and the Sales representative releases MELODY PALMER from and waives all claims to, lost profits, indirect, direct, special or consequential damages, or any other loss incurred or suffered by the Sales representative as a result of (a) the breach by Sales representative of the Sales representative Agreement and/or the terms and conditions of the Rules and Regulations and Policies and Procedures, (b) the operation of Sales representative’s business, (c) any incorrect or wrong data or information provided by Sales representative, or (d) the failure to provide any information or data necessary for MELODY PALMER to operate its business, including without limitation, the enrollment and acceptance of Sales representative into the Compensation Plan or the payment of Commissions, Overrides and Bonuses.
Each Sales representative must keep any MELODY PALMER passwords and other secure access information confidential and notify promptly if the Sales representative believes that the security of his/her account has been compromised. MELODY PALMER has taken reasonable steps to protect the security of online transactions. HOWEVER, MELODY PALMER CANNOT AND DOES NOT WARRANT SUCH SECURITY AND WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES RESULTING ANY SECURITY BREACHES.