Policies and Procedures
Waiora International, Inc. ("Waiora") is proud to offer you one of the best business opportunities in the network marketing industry. Waiora honors all international, federal, state, provincial, territorial, and local laws and regulations governing good business practices as well as the standards set by the Direct Selling Association (DSA), the trade organization representing the direct selling industry. We expect and insist that our Distributors adhere to the same ethical business practices. We want to help familiarize you with these important rules and regulations and explain why they require your cooperation.
1. Becoming a Distributor. A prospective Distributor must complete, sign and submit a Distributor Agreement, review Waiora's Policies and Procedures, purchase a Distributor Kit and review its contents. A Distributor may be an individual, partnership or corporation whose completed Distributor Agreement has been received and accepted by Waiora.
No purchase other than a Distributor Kit, unless prohibited by local law, is necessary to become a Waiora Distributor. There are no requirements to make large purchases or maintain inventory. The Distributor Kit purchase price is not a service or franchise fee, but exists to offset costs incurred by the company for informational materials and business tools provided to help a Distributor sell Waiora products and build a Waiora business. Only authorized Distributors of Waiora may sell Waiora products or participate in the Waiora program. Waiora?s products are available only to Waiora Distributors and Customers, and Waiora will not sell or allow its products to be sold through any other distribution channel. Waiora reserves the right, in its sole discretion, to reject any Distributor Agreement. Distributors must not disclose or distribute any Waiora downline report. The identity of Waiora?s Distributors is a proprietary trade secret. Waiora is fully committed to protecting the privacy of its Distributors.
2. Independent Contractor; Licenses; Taxes. Once Waiora has accepted your Distributor Agreement, you become a Waiora Distributor conducting business for your own account and not as an agent or employee of Waiora. As an independent contractor, you are responsible for obtaining any licenses required by law in your locality. You are responsible for the entire operation of your Distributorship, including payment of all income taxes, Social Security, unemployment and other taxes (see Article 24). Waiora will file a Form 1099 or its equivalent for each Distributor at the close of the calendar year as required by the Internal Revenue Service (IRS). Waiora will not withhold from the compensation due a Distributor under the Waiora Compensation Plan any amounts for income taxes, Social Security, unemployment or other items required to be withheld from the wages of employees.
3. Family Policy. A husband, wife and children residing with you are all considered a single Distributor. A husband and wife may neither sponsor each other or children residing with them nor have different sponsors. If any member of your immediate household engages in any activity that, if performed by you, would violate any provision of the Distributor Agreement form, such activity will be deemed a violation by you.
4. One Distributorship. Under no circumstances may an individual participate in more than one Distributorship except under a Diamond Bonus Position (DBP) as outlined in the Waiora Compensation Plan. A member of one partnership or corporation that is a Distributor may not be involved in another Distributorship in any form, i.e., existing Distributors cannot have a minority interest in any other Waiora Distributorship (except DBP).
5. Identification Number. If your Distributorship is set up under your name as an individual?s business, your Waiora identification number is your Social Security number. If your Distributorship is set up as a corporation or partnership, your Waiora number is your Federal Employer Identification Number (FEIN). For your personal security, do not sure your identification number with others. Waiora will keep all Social Security and FEIN numbers confidential.
6. Minimum Age. In order to become a Distributor, an applicant must be at least 18 years of age or have reached the age of consent required by the state in which the applicant resides.
7. No
8. Amendments. Waiora specifically reserves the right to make any amendments or adjustments from time to time that it deems necessary with respect to its Rules and Regulations, Policies and Procedures, Compensation Plan and/or pricing. Any such changes shall be incorporated as part of the Distributor Agreement between Waiora and its Distributors effective upon written notification as published in official Waiora materials and publications distributed to its Distributors. The continuation of your Waiora Distributorship and/or your acceptance of bonuses or commissions constitutes acceptance of any and all amendments.
9. Inventory Requirements. You are not required to purchase or store any specific amount of inventory. The Waiora program is based on retail sales to customers, the use of products, and not on maintaining an inventory of products. As required by the 70 Percent Rule discussed below (see Article 22) and as stated on the U.S. Product Order/AdvantageShip Form, all Distributors must have sold or used at least 70 percent of their previous order from Waiora before reordering and subsequently may be required to provide Waiora with certification of that fact. You are required to maintain all retail sales receipts for a period of two years and must furnish them to Waiora upon request.
10. Channels of Communication. You are responsible for training, motivating and supervising your downline to ensure proper operation of their Waiora Distributorship. You are also responsible for answering all Distributor questions. Should you not be able to answer the questions, contact the Waiora Support Group.
11. Product Liability Insurance. Waiora maintains a blanket product liability insurance policy. This coverage may not protect you if you make unauthorized representations or product claims.
12. No Income Representations. Actual or potential income representations or claims regarding the Waiora program are strictly prohibited.
13. Packaging; Product Claims. You may not repackage or re-label any of Waiora?s products, and you may not make any verbal or written claims regarding Waiora products unless approved in advance by Waiora. Medical claims relating to Waiora products are strictly prohibited.
14. Ethics. You must comply with all international, federal, state and municipal laws relating to your business and must not engage in any unlawful or illegal trade practices or business activity. You will observe the spirit as well as the letter of Waiora?s Policies and Procedures by conducting your business in a manner consistent with the highest standards of honesty, integrity and responsibility in dealing with customers, other Distributors, Waiora and the public. Violations in ethical behavior may result in termination of your Waiora Distributorship.
15. Unethical Activity. Waiora will not permit its Distributors to participate in any activity that is unethical and will intercede when unethical behavior is evident. Waiora reserves the right, in its sole discretion, to decide whether certain Distributor activities are unethical and, if determined to be so, to act accordingly. Examples of unethical activity are:
16. Changing Sponsors. Network marketing is a business built on relationships and the retail sale and consumption of products. When a Distributor is sponsored, Waiora believes in maximizing protection of that relationship. Subject to corporate approval, a Distributor desiring a change in sponsorship can do so only under very limited conditions:
All sponsor changes are subject to final approval by Waiora's Compliance Department.
17. Sponsoring; Placement Program. When describing the Waiora program to a prospective Distributor you must present the program in its entirety without omission, distortion or misrepresentation. Additional offers, representations or agreements made in connection with the Waiora program are strictly prohibited and may result in the termination of your Distributorship. Occasionally, one or more Distributors may contact the same prospect, resulting in a dispute over sponsoring rights. It is up to the Distributors involved to determine which will sponsor the individual. Waiora will not mediate such disputes and will recognize as the enroller and the sponsor the person whose name appears in the appropriate fields on the prospect?s Distributor Agreement form. If two or more applications are received for one prospect, the application received first by Waiora will be recognized. A new Distributor has the final right to choose their sponsor. Once this decision has been made, all sponsor changes must follow Article 16 (above). Additionally, no Waiora Distributor can have an ownership interest in, operational or management control of or derive any benefit directly or indirectly from any subsequent Distributorships (see "One Distributorship").
This program is designed to assist you in developing an organizational structure that is complementary to Waiora?s compensation plan. It provides you the flexibility to place new Distributors where it makes the most sense in your organization. As the sponsor, you have two placement options during your new Distributor?s first 90 days:
18. Cross-sponsoring. When a Distributor sponsors someone, an important investment is made and a valuable business relationship is formed. Waiora believes it is our responsibility to protect these relationships; therefore, we do not allow cross-sponsoring. Cross-sponsoring occurs when a Distributor sponsors, or attempts to sponsor, into any other network marketing company a Waiora Distributor whom he or she did not personally sponsor into the Waiora business. Cross-sponsoring also occurs when a Distributor participates in an action that causes another Distributor to be sponsored through someone else into another network marketing company. Cross-sponsoring is grounds for the immediate termination of your Distributorship. Your participation in another network marketing opportunity negates recognition of you in the Waiora Awards and Recognition Program.
19. Distributor Initial Purchase Guarantee. All Waiora Distributors have a 30-day, 100% satisfaction guarantee on their initial purchase. If a Distributor is dissatisfied with their product, Waiora will refund the full purchase price of any initial order (less shipping charges and application fee) within 30 days of receipt.
20. Distributor Returns (Non-Initial Purchase). After the initial purchase, a Waiora Distributor may only return products from future orders after voluntarily resigning from the company. See paragraph 22 for information regarding voluntary resignation. Only "resalable", unused products with current labels and intact seals in good condition. This product must be shipped back (prepaid) to Waiora. The Distributor will be refunded 90% of the net cost of the product, less any compensation previously credited to the Distributor for purchasing the inventory returned. Refunds will not occur on any inventory certified as being "sold" under the 70 Percent Rule required for Distributor orders (see "70 Percent Rule" in paragraph 23). Opened products, Distributor Kits and their components, discontinued or opened sales tools, and products purchased from independent vendors are not refundable. Any compensation paid to the Distributors upline will be deducted in the form of an adjustment to the next commission payout.
Waiora will not honor product refund requests made after 30 days of Distributor receipt of any given order. Requests to refund multiple Advantageship orders for previous months will not be honored by the company.
21. Return Merchandise Authorization.Any product being returned to Waiora must include a
Return Merchandise Authorization (RMA) Number issued by a Waiora Support Team
Representative. The RMA issued will be valid for 30 days. Only authorized
returns that bear the appropriate RMA number will be honored. We will not honor
or be responsible for any unauthorized return. Any and all shipping or courier
costs for the return of products will be the sole responsibility of the
Distributor. It is recommended that a reliable, traceable, and insurable courier
be used for shipping. Should the package contain damaged product (therefore
rendering them non-resalable) the
When the above procedure has been completed and the return has been verified, a refund for the purchase will be issued in the original form of payment within 30 days. Please call the Waiora Support Team at 1-866-MY-WAIORA (1-866-699-2467) for more information.
22. Voluntary Resignation.A Distributor who wants to resign their Waiora Distributorship should first contact their Enroller/Sponsor and the Waiora Support Team. For the protection of your business asset, a signed letter of resignation must be submitted. Waiora will, at the request of the Distributor, repurchase products at 90% of the net cost (see "Distributor Returns"). Upon voluntary termination, the Distributor will be eligible to reapply for a Waiora Distributorship under a new sponsor 12 months from the resignation date. However, no terminated Distributor may re-sponsor any of his or her original downline organization. No Distributor re-entering the Waiora business after the required 12-month period may re-enter the Waiora business by having Distributorship, partial or whole, of any existing Waiora Distributorship transferred to them in any manner. Note: In the event of termination, either voluntary or involuntary, commissions for the Distributor's downline will roll up to the next eligible upline Distributor. Distributors may not recruit or enroll any other Waiora Distributor or customer into another direct sales, multilevel marketing or network marketing business, and must not do so for one year from the date of the Distributor's termination from Waiora (see "Cross Sponsoring").
23. 70 Percent Rule. The Waiora Compensation Plan is based on retail product sales to customers and the consumption of products. It is not based on maintaining a product inventory. At the time of each order, a Distributor is certifying that he or she has sold or used 70 percent of his or her previous order and must be able to verify such certification. Each Distributor must maintain all retail receipts for a period of two years and must furnish them to Waiora upon request. If a Distributor does not comply with these requirements or if he or she falsely represents the amount of products sold or used, the Distributor is subject to discipline by Waiora, which could lead to the termination of the person's Waiora Distributorship (see "Termination Procedure; Discipline Action"). Failure to comply with the 70 Percent Rule will exempt those products from Waiora's refund policy (see "Distributor Returns").
24. Customer Guarantee. If a Customer is dissatisfied with their product, Waiora will refund the full purchase price of any order placed directly with Waiora (less shipping charges) within 30 days of receipt. (See "Return Merchandise Authorization")
Distributor Retail Sales. When a retail sale is made, you are required to provide a Retail Sales Receipt to the customer. If a retail customer is dissatisfied with the products, he or she may return them to you within 30 days of the sale. It is your responsibility to refund the purchase price promptly. To obtain a replacement product from Waiora, you must send us a copy of the completed Retail Sales Receipt and written explanation for the requested item. Upon receipt, Waiora will issue a Return Merchandise Authorization (RMA) number to return the unused portion of the product to Waiora for exchange. (See "Return Merchandise Authorization")
25. Sales Tax. Sales taxes are levied by various agencies of state, county and local governments. Waiora products and sales aids including Distributor Kits are subject to sales tax, depending on the location to which they are shipped. These taxes are collected by Waiora and remitted to the appropriate agencies. The collection of sales tax is not a revenue source for Waiora. The Waiora business is based on the retail sale of products to customers; therefore, all sales taxes are based on suggested retail prices. Distributor Kits are taxable because they are purchased for personal use.
26. Other Taxes. Due to the fact that all Waiora Distributors are independent contractors, Waiora does not deduct any taxes from commission or bonus checks. Waiora will issue a Form 1099 or equivalent at the end of each calendar year, which reports all of the income paid to you by Waiora, as required by the IRS.
27. Pay Period. Waiora's Compensation Plan provides two pay periods ? weekly (also known as FastStart) and monthly. The weekly pay period is based on orders shipped and paid for during the calendar week of Tuesday morning (12:00 a.m.) to Monday evening (11:59 p.m.). Waiora must receive and process an order no later than 11:59 p.m. Monday evening to be included in the commission check issued for that week. Distributors wishing to include orders for a particular week outside of Waiora's hours of operation, may process orders online though the company's website. Weekly commission checks will be mailed the following week for qualifying Fast Start orders received during the previous week, barring forces of nature that are beyond our control and may cause a delay in mailing of commission checks. The monthly commission pay period is based on the calendar month. Waiora must receive an order no later than the last day of the month in order for it to be included in the commission check issued for that month. Distributors wishing to include orders outside of Waiora's hours of operation, may process orders online though the company's website. Fax and mail orders must be clearly marked indicating the commissioned volume (C.V.) month. If not clearly marked, orders will be credited to the calendar month in which they are received. Monthly commission checks will be mailed on the 15th day of each month for orders received during the previous month, barring forces of nature that are beyond our control and may cause a delay in mailing of commission checks. If the 15th day is a holiday or weekend, commission checks will be mailed on the following business day. Detailed information is included for all active Distributors receiving a monthly commission check and is mailed with the check. The information is not optional, and Waiora may automatically deduct a service fee, when applicable, from those Distributors earning a commission check.
28. Media Inquiries. To maintain accuracy and a consistent company image, all Distributors must refer any media inquires including radio, television and print publication directly to Waiora.
29. Transfer of Distributorship. Each Waiora Distributorship is personal to the Distributor and may only be transferred by sale, by will or by intestate succession. Transfer by sale necessitates that the following requirements be met:
The
DISTRIBUTOR making the request must submit the appropriate Waiora Sale/Transfer
form, which is available upon request, along with a signed and dated amended
application listing the new owner?s information, the five-upline signatures
agreeing to the sale/transfer, company approval, and any applicable fee to the
Compliance department. (The company reserves the right of first refusal of a
transfer request). No changes in the line of sponsorship can result from the
transfer of a Distributorship without first completing the appropriate request
(see Article 16 for details.) For further details regarding the procedures for
transferring a Distributorship, please contact the Waiora Support Group at
1-866-MY-WAIORA (1-866-699-2467).
All transfers of Distributorships are subject to final approval by the Waiora Compliance Department.
30. Distributor Renewal. Your Waiora business must be renewed annually. Waiora will send distributor Renewal forms to you approximately 45 days prior to your renewal date. You must complete and return the form, along with the current renewal fee, by your anniversary date of signing as a Distributor with Waiora. Failure to return the renewal form and fee will be construed as a Distributor resignation, and all agreements between Waiora and the Distributor will be rendered null and void with no further force and effect. Waiora is not responsible for items lost or returned due to outdated addresses, which then result in the retirement of your Distributorship by Waiora.
31. Compliance. It is mandatory that all Waiora Distributors strictly comply with all of Waiora?s Policies and Procedures. The Policies and Procedures have been prepared for the protection of Waiora and its Distributors. Because violations can jeopardize both Waiora?s business and yours, they will be considered extremely serious and can result in termination and the loss of all Distributor benefits. Each Distributor agrees to indemnify and hold harmless Waiora, its management and officers, and any of its affiliated companies from any claim, action or liability asserted arising out of the Distributor?s actions, omissions or representations in sponsoring or conducting the Distributor?s independent Waiora business (see Termination Procedure below).
32. Termination Procedure; Disciplinary Actions. In the event Waiora verifies a material violation of the Distributor Agreement, the company can elect to terminate the offending Distributor. The termination procedures are as follows:
Waiora will send a written notice of intent to terminate to the Distributor. The offending Distributor will then have 30 days in which to present his or her case in writing for review. Waiora will then make the final decision about whether to terminate. In the event of termination, either voluntary or involuntary, commissions for the Distributor?s downline organization will roll up to the next eligible upline Distributor. Waiora may, in its sole discretion, take other disciplinary actions for violations of the Distributor Agreement, including but not limited to suspension of the offending Distributor, denial of advancement or recognition awards, loss of rights to one or more commission checks or imposition of fines.
33. Arbitration. If a legal disagreement arises between Waiora and any
Distributor, both parties agree to resolve it by binding arbitration in
accordance with the existing rules of the American Arbitration Association and
under the laws of the State of
34. General Advertising. Waiora encourages advertising and promotion as a viable method for you to build your business. However, strict guidelines are necessary to maintain an ethical marketing effort. Therefore, these guidelines are a part of the agreement between Waiora and its Distributors. As a Waiora Distributor, you are an independent contractor and shall not represent yourself as a Waiora employee. Further, you can in no way state or otherwise imply that you, or any new Distributor, will be employed by Waiora. Corporate-approved audiocassettes and phone message recordings must identify you as a Distributor at the beginning of the message. For further details on advertising and promotion, contact the Waiora Support Group at 1-866-MY-WAIORA (1-866-699-2467).
35. Company Names, Trademarks and Logos Waiora employee names, corporate names, Distributor lists and information, trademarks or logos are proprietary and may not be used in any manner, including in the reproduction of literature (partial or whole) or in any advertisement. This includes domain names, URL and e-mail addresses. For more information, see www.waiora.com. The names and logos of Waiora and its products may only be used in retail product advertising. Advertisements to attract Distributors and the Waiora business opportunity may be run "blind" or with reference to Waiora, Waiora product names or use of the Waiora names or logos. Use of the Waiora or Waiora names or logos alone is strictly prohibited. Waiora strictly prohibits the use of its corporate name, logo or trademark or any statements with respect to Waiora's business, products or operations in any financing activity by a Waiora Distributor. Waiora does not approve or condone any such financing activities and any violation of this policy could lead to the termination of your Waiora Distributorship
36. Advertising Approval. All advertisements, including those of a
"blind" nature, At the request of the Distributor, Waiora may review
advertisements created by the Distributor for compliance of Waiora's Policies
& Procedures, however, Waiora will not approve Distributor advertisements.
Only company-issued materials reflect the position of the company with respect
to the uses and benefits of any product or service. Any advice provided by the
company regarding advertising should not be considered approval by Waiora.
Distributors are personally liable for any and all advertising and media they
produce. All advertisements, including those of a "blind" nature,
i.e., without use of any corporate identities; any media, including newspaper
ads, audio cassettes or videotapes, recorded messages, posters, flyers,
promotional items, etc. are the sole responsibility of the Distributor.
Distributors agree to indemnify and hold Waiora harmless from any claims made
as a result of advertising and promotional materials produced and distributed
by the Distributor. If an advertisement published by a Distributor contains
non-compliant health and/or income claims (as set forth by the FDA, FTC or
DSA), disciplinary action may be taken against the Distributor. Although the
Distributor is personally responsible for the content of every advertisement,
the company may take action when Waiora Distributor or corporate logos, product
names or compensation plan are listed or when any harm to the Company may
result from the claims as determined by the Company.
36a. Distributor Advertising. Any use of print, Internet, radio or other form of advertisement must indicate that you are an independent contractor or Distributor of Waiora. This includes, business cards, post cards, flyers, etc. Waiora has an approved Independent Distributor logo that is available for use. In addition, many of Waiora's third-party vendors use this logo in their pre-approved marketing materials. For questions about third-party vendors or inquiries should be directed to compliance@waiora.com.
37. Recorded Messages. All recorded messages that are referenced in any form of advertising that include Waiora or Waiora products, names, trademarks or logos must be submitted in written script form to Waiora for approval prior to use. Corporate-approved audiocassettes and phone message recordings must identify you as a Distributor at the beginning of the message..
38. General Promotion. You can promote your business in any legal and ethical manner you desire, without misrepresenting Waiora, its products, company or business. No reproduction of Waiora literature or labels, in part or whole, is allowed. Reproduction of product labels is a violation of state law; only original materials as furnished by Waiora may be used. All Waiora literature is copyrighted and cannot be duplicated in any form. This restriction includes but is not limited to photocopies, graphic reproductions, translated verbiage, corporate/product photos and copy taken in part and/or out of context. You cannot state or imply that Waiora approves or endorses any privately produced motivational literature or training materials used within your organization. You can promote Waiora products with the condition that the products are not shown or displayed with any other products that are sold through the network marketing distribution channel.
39. Retail Outlets. Waiora products are prohibited from being sold or displayed in retail outlets except for businesses that operate "by appointment only," such as beauty salons, tanning salons and doctors’ or chiropractors’ offices and in private clubs such as figure salons and health clubs. The following retail outlets are examples of, but are not intended to be a complete list of, those retail outlets that definitely cannot sell Waiora products or display literature: health food stores, unattended mall kiosks, drugstores, personal Internet storefronts (not provided by Waiora), online outlets such as auction or barter sites or other third-party online retailers. This policy does not prohibit a retail storeowner from being a Distributor, just from displaying or selling Waiora products in a retail environment.
40. Fairs and Trade Shows. You can promote Waiora products at fairs and trade shows as long as Waiora products are not shown or displayed with any other products that are sold via network marketing.
41. Public Advertising - Media; Internet The use of public advertising media to advertise Waiora products or the Waiora business opportunity is restricted. Restricted public advertising media are any television network or cable broadcast or other electronic media, billboards, bus stop or park benches, and automated telephone solicitation equipment. Additionally, unapproved or unauthorized Internet or any other online services as well as spamming and the use of unauthorized and/or unapproved radio promotions or broadcasts of any sort are strictly prohibited.
42. Distributor Audio, Visual and Print Training Materials. Only those Distributors who qualify at the Diamond level for six consecutive months and are officially approved by the company are eligible to use audio, video and print training materials they produce themselves for downline distribution. These materials may be produced for six months following the period of consecutive qualification and must meet the following criteria: They must be pre-approved in writing by Waiora prior to release. A hard copy script for all material must be submitted for approval. The maximum charge for audio material is $2 per tape as they are to be produced for training purposes only and not for profit. The cover and/or label must also be submitted to Waiora for approval and must identify the Diamond Distributor who has produced the material and clearly indicate that he/she is a Distributor. A similar statement is necessary as an introduction at the beginning of the audio or video.
43. International Sponsoring; Export Policy. You may not, directly or indirectly, import any Waiora product or cause any improper business-building activities, including advertising ?blind? or otherwise, in any country not declared open by Waiora or in which Waiora is operating a Not-for-Resale program. You acknowledge that any violation of these policies would cause irreparable damage to Waiora and the respective affiliated Waiora companies conducting business in these countries as well as the ability of Waiora to conduct business in other countries. Violation of these policies could lead to the termination of your Waiora Distributorship. No Waiora Distributor can export or sell to others who export Waiora products from the United States or its possessions or territories to any country.
44. Entire Agreement. The Distributor Agreement and Policies and Procedures constitutes the entire agreement between the Distributor and Waiora, and no other promises, offers, representations, agreements or understandings of any kind shall be binding on Waiora, unless made in writing and signed by an authorized officer of Waiora. The Distributor must agree to comply with all federal, state and municipal laws relating to his or her business and not engage in any unlawful or illegal trade practice or business activity. These Policies and Procedures govern the way a U.S. Distributor does business with Waiora, other Distributors and retail customers. Together with the Waiora Compensation Plan and the Distributor Agreement form, these Policies and Procedures constitute a complete contract between Distributors and Waiora.
45. Governing Law. This Distributor Agreement form shall be governed by the laws of the state of Florida and Palm Beach County.
46. Shipping Policy. Products will be shipped as soon as possible after receipt and payment of an order. Typically, shipments occur for most orders within 24 hours of the processing of the order. If Waiora is temporarily out of stock on ordered merchandise, you will receive a back-order notice with your shipment. Back orders are filled first when new inventory arrives. Commissionable volume of back-ordered items is credited to the month in which Waiora received the payment for the original order.
47. Ordering Policy. All orders must be placed directly with Waiora in order to receive proper volume credit. You must personally place your own orders; no other person can place an order on your behalf. Additionally, you must personally pay for your orders with your own credit card, debit card, money order or check. Waiora will accept credit card orders from Distributors only for Visa?, MasterCard?, American Express? and Discover? credit cards, and only for Visa and MasterCard debit cards. Credit card holders must be the Distributor placing the order.
48. Consumers Using a Waiora DIN. By signing a Distributor Agreement form, you will be assigned a Waiora Distributor Identification Number (DIN). A Waiora DIN will automatically be assigned to you by Waiora upon acceptance of your Waiora Distributor Agreement form (online or offline) and will be used to assign you credit for orders through phone, fax or Internet.
49. Temporary Telephone Applications. To expedite the sponsoring process, Waiora will accept the Distributor Agreement form by telephone. Telephone applications are effective for two weeks from the date they are called in or until the order-processing deadline, whichever comes first, pending Waiora?s receipt of the hard copy. Applications that are submitted by phone will be considered your valid Distributor Agreement form. In this respect, any and all changes made to the telephone application, including those accompanying the hard copy of the application, will be considered amendments if the hard copy of the application and agreement is not received before the processing deadlines outlined above. As such, all Policies and Procedures regarding amended applications and sale/transfers of Distributorships, including fees, will apply to any changes made to the telephone application. The continuation of your Waiora Distributorship or your acceptance of bonuses or commissions constitutes acceptance of any and all Waiora rules and regulations pertaining to the operation of your Waiora Distributorship. Lack of a signed Distributor Agreement form does not exclude you from the enforcement of these rules and regulations. Waiora reserves the right to cancel without notice any Distributorship found to be operating without the properly signed Distributor Agreement form. Distributors agree to hold harmless Waiora for any losses due to such cancellation of Distributorship.
50. Downline Reports; Confidentiality. Information contained in any downline report provided to you by Waiora is the proprietary and confidential information of Waiora and is transmitted to you in confidence. You agree not to disclose such information to any other person, firm or corporation, whether directly or indirectly, nor use said information for the purpose of competing with Waiora or for any purpose other than promoting Waiora?s business. You and Waiora agree that without this agreement of confidentiality and nondisclosure, Waiora would not provide this information to you.
51. Waiver. The failure or delay of Waiora at any time to enforce any provision of this Distributor Agreement form will not affect the right of Waiora to enforce that provision or to exercise any right, power or remedy hereunder. Any waiver by Waiora or any breach of any provision of this Distributor Agreement form should not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself or a waiver of any right, power or remedy hereunder.