17.01
(a) The Preferred customer/FBO relationship with FLP is one of a contractual nature. Only adult individuals, 18 years of age or older, may contract with FLP to be an FBO. As per Rule (8) of the Direct Selling Rules, an individual who is convicted, or bankrupt during the last 5 years prior to joining business of direct selling or a person of unsound mind shall not join business of Direct Selling. Hence, such individuals cannot become Preferred Customer/FBO of the Company. Joining with the direct selling entity is Free and no costs are involved. It is mandatory for a Direct Seller to provide the direct selling entity with legible documents such as proof of address, proof of identity, and Permanent Account Number (PAN).
Forever Business Owner Application Process:
An individual can become a Preferred Customer of Forever Living Products by either:
(1) Digital Process - Entering into a click wrap agreement through MYFOREVERINDIA mobile app.
(2) Physical Process - By submitting a duly filled and signed physical application form along with the KYC documents to the company.
Preferred Customers/FBOs are allowed to purchase 1 order upto maximum of Rs. 5000/- with effect from 21st January, 2021 in one calendar month until the KYC documents are received either physically or digitally and they are verified by the company. Once the FPC places an order and confirms their agreement with the company, the FBO/Preferred Customer is allowed to login in to the company website www.foreverliving.com to access the business information.
With effect from 1st April 2022, if no orders are placed in a new FBO ID within stipulated period from the date of joining, such applications will be considered as incomplete and will be removed from our database periodically. For example – any incomplete applications created between 1st April to 30th April, will be removed from the database by 15th June. Such persons can rejoin immediately under a sponsor of their choice.
Before commencing any business activity, a direct seller should have an ID card as per the Direct Selling Rules. This ID card is made available free of cost, through foreverliving.com. Upon becoming Wholesale Qualified, physical Identity card is also issued to the qualified FBOs by the company.
(b) Your relationship with the company is of the contractual nature and therefore an FBO is required to conduct his/her business within the terms of the Forever Business Agreement, and in compliance with the Company Policies and the Code of Professional Conduct that are applicable in the country in which he/she is conducting business. All FBOs must also comply with the requirements as per Indian laws.
(c) A Forever Business consists of the person(s) named on the Forever Business Owner Application on file at the Home Office.
Forever Business with 2 names on the FBO Application, which was set up prior to 1st April 2015, may opt to become single name FBO Application after requesting for the spouse name to be deleted from the FBO Application. In this event, the deleted spouse can sign another FBO Application only under the spouse’s ID at the level of Preferred Customer. Such FBO Application will not be allowed to avail the Preferred Customer 6month sponsor change policy.
If the spouse of a legally married FBO wishes to create his/her own Forever Business, he/she must do so by sponsoring directly under his/her spouse or directly under the spouse’s Sponsor.
If the spouse of a legally married Terminated FBO wishes to create his/her own Forever Business within one year of the date of termination, he/she must do so by sponsoring directly under the Terminated FBO’s former Sponsor. However, if joining a year or more after the Termination, the spouse may choose any FBO as his/her Sponsor.
(d) An FBO shall be held responsible to properly manage his/her Forever Business, specifically, but not limited to, preventing Family members from using information obtained through such Forever Business, to circumvent compliance of Company Policies and the Code of Professional Conduct required or evolving from the Forever Business of the FBO. An FBO’s failure to properly manage his/her Forever Business may result in termination.
(e) In the event that the downlines of an FBO sponsor into a foreign country and the FBO has not previously been sponsored into that country, the FBO will be automatically sponsored into that foreign country and agrees to the prevailing policies and local laws of that foreign country and agrees to be bound by the dispute resolution policies set forth herein.
17.02
The Company agrees to sell the FBO product through its Designated Distributor and pay volume bonuses as provided in the Company Marketing Plan, provided the FBO is not in violation of such FBO’s contract with the company.
17.03
An FBO may develop his/her own marketing techniques, so long as he/she is not in violation of any Company, state, federal or jurisdictional rules, regulations or statutes. In view of this, FBO must not present marketing techniques or advantages of Direct Selling in a misleading, deceptive manner or follow unfair trade practices.
17.04
Any transfer other than by inheritance of a Forever Business, without prior Company approval, is prohibited and any such transfer shall be void. For the purpose of this provision, a change of beneficial interest of a Trust held Forever Business shall be treated as a transfer, which requires written approval by the Company to be valid.
17.05
Except as herein provided, an FBO is prohibited from, directly or indirectly, changing Sponsors. The Company will only consider the first valid FBO Application received by the Company or its Designated Distributor. Subsequent FBO Applications shall be disallowed.
17.06
When an FBO changes residence to a different country, he/she must notify the old country of residence so that the address can be changed and a new Home Country assigned.
17.07
Errors or Questions. If an FBO has questions about or believes any errors have been made regarding bonuses, downline activity reports, charges or changes, the FBO must notify the Company within sixty (60) days of the date of the purported error or incident in question. The Company is not responsible for any errors, omissions or problems not reported within sixty (60) days.
17.08 Voluntary Termination.
(a) An FBO/Preferred Customer may terminate his/her Forever Business by submitting a written request, signed by all named individuals appearing on the current approved Forever Business. The effective termination date is the date on which the Company processes the termination request. The terminating FBO forfeits the current sales level and all downlines, including those in foreign countries, established at the time.
(b) Once an FBO terminates, the spouse, (if on the same FBO Business) is also considered terminated.
(c) After 12 months, a terminated FBO/Preferred Customer may reapply subject to the company’s approval. Upon such approval the FBO will enter as a Preferred Customer, and will not have the previous downline organization restored. However, if a terminated Preferred Customer wants to re-join under the same sponsor, he/she may reapply subject to The Company’s approval within 6 months of termination.
(d) If the terminating FBO is a Sponsored Recognized Manager and has any 1st Generation Recognized Managers in his/her organization, these Managers will be classified as Inherited Managers to the newly appointed Sponsor.
(e) The Terminated Sponsored Recognized Manager will continue to count towards his/her previous Sponsor’s Manager pin level.
(f) Buy Back Rule for FBOs/Preferred Customer opting Voluntary Termination.
(i) The Company shall buy back any unsold, saleable FLP product, except literature, that has been purchased by an individual in his/her ID within the previous twelve (12) months from the one who terminates his/her Forever Business. Such buy back will be accomplished by the terminating individual, first giving written notice to the Company of intent to terminate the Forever Business and forgo all rights and privileges relating thereto. The terminating individual must complete a Buy-Back form and submit the same to the Company and return all products for which a refund is being claimed, along with proof of purchase, to the source of purchase. All FLP Products are tagged to the invoice it was purchased under. In this regard all returning products must track back to their original invoice of purchase. The Company shall ensure that the policy with regards to unsold saleable product upon termination of the Forever Business shall be adhered to by the Designated Distributor from whom products have been purchased by the FBO/Preferred Customer.
(ii) If the product returned by a terminating individual was purchased at Preferred Customer Price (PCP), the Preferred Customer Profit will be deducted from the Sponsor to whom it was paid. If the product returned is greater than 1CC, all Bonuses and Case Credits received by the terminating FBO’s upline for the products returned, will be deducted from the uplines. If the Case Credits were used for any level move-ups of the FBO or uplines, those move-ups may be re-calculated after deducting the Case Credits to determine if the move-ups should remain in force.
(iii) If a terminating FBO returns any Combination Pak, and it is missing some product, the refund and the deductions from the uplines will be calculated as if the entire Combo Pak was returned, and then the Wholesale or Preferred Customer Price of the missing components will be deducted from the refund issued.
(iv) After verification of the facts, the FBO will receive a refund from the Company or the Designated Distributor in the amount equal to the FBO’s cost of the products being returned, less the bonuses personally received and the cost of handling, freight and any other appropriate setoffs. In case of a Preferred Customer returning a product, while calculating the refund, any Preferred Customer Profit earned on the purchases of personally sponsored downlines will also be deducted.
(v) After recouping any costs or damages resulting from the terminated individual’s adverse conduct, if any, the Company will remove the individual from the Forever Living Marketing Plan, and his/her entire downline organization will move up directly under the terminating individual’s Sponsor in the current generation sequence.
(g) The “Buy Back Rule” is designed to impose upon the Sponsor and the Company the obligation to ensure that FBOs/Preferred Customers are buying products wisely. Individuals may not buy more products than he/she can use for his/her business and personal needs. The Sponsor should make every effort to provide recommended guidelines to the downlines so that he/she purchases only as much product as is required to meet immediate sales needs and that additional products be purchased only after 75% of that product inventory has been sold, consumed or otherwise utilized. Products previously certified as having been sold, consumed or utilized shall not be subject to repurchase under the “Buy Back Rule”.
17.09 Termination or Suspension for Cause.
(a) Termination means a severance of all domestic and international privileges and contractual rights available to an FBO, including the privilege to buy and distribute the products. The Termination will result in the inability to qualify for Bonuses, and severance of participation in all other benefit programs sponsored by the Company.
(b) A terminated FBO shall, upon demand by the Company, be liable to repay, return or compensate the Company for any benefit programs, prizes, inventories or bonuses received from the Company from and after the date of the activities causing such Termination. After recouping any costs or damages resulting from the terminated FBO’s conduct, forfeited bonuses, caused by such Termination, shall be paid to the next qualifying FBO upline who is not in violation of any of the Company Policies and the Code of Professional Conduct.
(c) After one year (12 months), a terminated FBO may reapply subject to Home Office approval. Upon such approval the FBO will enter as a Preferred Customer, and will not have the previous downline organization restored.
(d) Suspension is a temporary status that prohibits an FBO from placing orders and may prohibit them from receiving profit and bonus payments, and sponsoring other FBOs.
(e) The profits and bonuses of a Suspended FBO shall be held until the FBO is either reinstated or terminated. If reinstated, the withheld payments shall be paid to the FBO; otherwise they shall be disbursed in accordance to the marketing plan.
(f) If the terminated FBO is a Sponsored Recognized Manager and has any 1st Generation Recognized Managers in his/her organization, these Managers will be classified as Inherited Managers to the newly appointed Sponsor.
(g) The Terminated Sponsored Recognized Manager will continue to count towards his/her previous Sponsor’s Manager pin level.
17.10 Internet Policies.
(a) Selling Products Online. Each Forever Business Owner will be offered the opportunity to purchase a Company-approved FBO website, FLP360, for marketing products and the business opportunity. Online orders will be fulfilled only on the Designated Distributor’s webstore which is www.aloestoreindia.in. In order to maintain the integrity of FLP’s brand name, product line and the FBO/Customer relationship, an FBO is prohibited from selling any FLP brand products online through an independent website. E-Commerce sales can only be made directly by or through a link to the Designated Distributor’s Company webstore at www.aloestoreindia.in.
(b) Sponsoring an FBO online via an online FBO Application is prohibited outside of the direct application or link to the official Company website at www.foreverliving.com. Sponsoring an FBO digitally via a ‘Click wrap’ agreement, is ONLY allowed through the MYFOREVERINDIA mobile app or a referral link generated through the mobile app.
(c) Electronic Advertising. Independent FBO websites that have been approved by the Company, or are as part of an online banner or display ads that conform to the Company’s advertising guidelines and have been approved by Company, will be allowed. Online banners or display ads must be submitted to the Company for approval prior to posting online and must link a user to the Company website or an independent FBO website that has been approved by the Company. All electronic advertising is subject to and controlled by the Company Policies and the Code of Professional Conduct relating to advertising and promotional guidelines.
(d) Additional restrictions on internet Use. An FBO may not include any company names or proprietary information (i.e.“Forever Living Products”,or Forever trademarks, trade names, FLP product names, domain name (URL)) in your online banners, display ads and search engine advertisements (Not limited ONLY to Google Ads) that may confuse visitors as to the identity of the source and/or create the perception in any way that the visitor is visiting the official company website. You must clearly denote you are an independent forever business owner and ONLY link to your Forever replicated website https://abc.flp.com, where “abc” is the name chosen by the FBO to be their site or to an approved website. The display URL or domain must match your landing page.
An FBO may not copy or use any Company materials from any source that may result in misleading or confusing the user into thinking the FBO’s website is that of the Company or any of its official affiliates. FLP product names are strictly proprietary to the Company and cannot be used by any FBO as a sponsored link or for any other unauthorized use. An individual FBO website must clearly indicate that it represents an Independent Forever Business Owner who is not an agent of the Company or any of its worldwide affiliates.
17.11 Compliance of all Indian laws and Independent Forever Business Owner:
(a) The Forever Business Owner is an independent non-exclusive contractor/FBO and not an agent, employee, partner or legal representative of the Company for any purpose whatsoever. Each FBO shall be responsible for his/her own business, and shall comply with Indian laws including but not limited to the Central, State and local statutes and regulations and all applicable laws including licensing and taxation laws etc. The Forever Business Owner shall be solely responsible for all payments for any goods or services supplied to the FBO in the course of the business.
(b) The Company is legally bound to make any bonus payments that may be due to only those Forever Business Owners who are Indian Residents and hold a valid Permanent Account Number (“PAN”) for income tax purposes. Any such payments will be held back by the Company until PAN is provided to the Company. The Company may, at its discretion, make bonus payments to Forever Business Owners (who have not furnished their PAN details) after withholding tax at a rate of 20 % plus applicable surcharge and education cess (if any) of such accrued bonus payments.
(c) Bonuses and/or incentives earned by the Forever Business Owners are inclusive of all government taxes and levies (direct and indirect).