Responsibilities of associates

Change of Address or Telephone To ensure timely delivery of products, support materials, and commission checks, it is critically important that the BookWise's files are current. Street addresses are required for shipping since UPS cannot deliver to a post office box. Associates planning to move should update their personal information via the Back Office function of the Associate's replicated BookWise website. To guarantee proper delivery, two weeks advance notice must be provided to BookWise on all changes. Special Note: If you are a BookWise Book Club Member, likewise update your Book Club Member profile through the Member Website. Please allow thirty (30) days after the receipt of the notice or Agreement by BookWise for processing.
5.2 - Continuing Development Obligations 5.2.1 - Ongoing Training Any Associate who sponsors another Associate into BookWise must perform a bona fide assistance and training function to ensure that his or her downline is properly operating his or her BookWise business. Associates must have ongoing contact and communication with the Associates in their Downline Organizations. Examples of such contact and communication may include, but are not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, and the accompaniment of downline Associates to BookWise meetings, training sessions, and other functions. Upline Associates are also responsible to motivate and train new Associates in BookWise product knowledge, effective sales techniques, the BookWise Marketing and Compensation Plan, and compliance with Company Policies and Procedures. Communication with and the training of downline Associates must not, however, violate Section 4.2 (regarding the development of Associate-produced sales aids and promotional materials). Associates must monitor the Associates in their Downline Organizations to ensure that downline Associates do not make improper income or business claims, or engage in any illegal or inappropriate conduct. Upon request, every Associate should be able to provide documented evidence to BookWise of his or her ongoing fulfillment of the responsibilities of a Sponsor.
5.2.2 - Increased Training Responsibilities As Associates progress through the various levels of leadership, they will become more experienced in sales techniques, product knowledge, and understanding of the BookWise program. They will be called upon to share this knowledge with lesser experienced Associates within their organization.
5.2.3 - Ongoing Sales Responsibilities Regardless of their level of achievement, Associates have an ongoing obligation to continue to personally promote sales through the generation of new customers and through servicing their existing customers.
5.3 - Nondisparagement While BookWise welcomes constructive input, negative comments and remarks made in the field by Associates about the Company, its catalog of titles, or the compensation plan serve no purpose other than to sour the enthusiasm of other BookWise Associates. For this reason, and to set the proper example for their downline, Associates must not disparage, demean, or make negative remarks about BookWise, other BookWise Associates, BookWise's products, the Marketing and Compensation plan, or BookWise's directors, officers, or employees. Violation of this policy may result in imposition of any of the sanctions set forth in Section 9.1.
5.4 - Reporting Policy Violations Associates observing a Policy violation by another Associate should submit a written report of the violation directly to the attention of the BookWise Compliance Department. Details of the incidents such as dates, number of occurrences, persons involved, and any supporting documentation should be included in the report.
6.1 - Book Sales The BookWise Marketing and Compensation Plan is based upon the sale of books from the BookWise catalog to end consumers. Associates must fulfill personal and Downline Organization retail sales requirements (as well as meet other responsibilities set forth in the Agreement) to be eligible for bonuses, commissions and advancement to higher levels of achievement. The following sales requirements must be satisfied for Associates to be eligible for commissions: a) Associates must satisfy the Personal Sales Volume and Group Sales Volume requirements to fulfill the requirements associated with their rank as specified in the BookWise Marketing and Compensation Plan. 'Personal Sales Volume' includes purchases made by the Associate and purchases made by the Associate's personally enrolled BookWise Book Club Members. Group Sales Volume shall include the total Sales Volume of all Associates in his or her marketing organization, but shall not include the Associate's Personal Sales Volume. b) At least 70% of an Associate's total monthly Personal Sales Volume must be sold to personal Retail Customers and BookWise Book Club Members. c) Associates must develop or service at least five customers every month. These customers can be personal Retail Customers and/or BookWise Book Club Members.
6.2 - No Price or Territory Restrictions Associates are not required to sell BookWise books at the suggested retail prices set by BookWise on the BookWise Price List. Associates may sell BookWise books at any price they choose. There are no exclusive territories granted to anyone. No franchise fees are required.
6.3 - Sales Receipts All Associates must provide their Retail Customers with two copies of an official BookWise sales receipt at the time of the sale. These receipts set forth the Customer Satisfaction Guarantee for BookWise books, as well as any consumer protection rights afforded by federal or state law. Associates must maintain all retail sales receipts for a period of two years and furnish them to BookWise at the Company's request. Records documenting the purchases of Associates' BookWise Book Club Members will be maintained by BookWise. Associates must ensure that the following information is contained on each sales receipt: (1) The date of the transaction; (2) The date (not earlier than the third business day following the date of the transaction) by which the buyer may give notice of cancellation; and (3) Name and address of the selling Associate. Remember that Retail Customers must receive two copies of the sales receipt. In addition, Associates must orally inform the buyer of his or her cancellation rights.
7.1 - Bonus and Commission Qualifications An Associate must be active and in compliance with the Agreement to qualify for bonuses and commissions. So long as an Associate complies with the terms of the Agreement, BookWise shall pay commissions to such Associate in accordance with the Marketing and Compensation plan.
7.2 - Adjustment to Bonuses and Commissions 7.2.1 - Adjustments for Returned Books Associates receive bonuses and commissions based on the actual sales of books from the BookWise catalog to end consumers. When a book is returned to BookWise for a refund or is repurchased by the Company, the bonuses and commissions attributable to the returned or repurchased book will be deducted, in the month in which the refund is given, and continuing every pay period thereafter until the commission is recovered, from the Associates who received bonuses and commissions on the sales of the refunded book.
7.2.2 - Other Deductions BookWise will deduct from all bonus and commission checks a data processing fee of $.01 per line for downline genealogy reports sent to Associates. The maximum fee is $5.00.
7.3 - Reports All information provided by BookWise in any report, including but not limited to personal and group sales volume (or any part thereof), and downline sponsoring activity is believed to be accurate and reliable. Nevertheless, due to various factors including the inherent possibility of human and mechanical error; the accuracy, completeness, and timeliness of orders; denial of credit card and electronic check payments; returned products; credit card and electronic check charge-backs; the information is not guaranteed by BookWise or any persons creating or transmitting the information.
Access to and use of BookWise's online and telephone reporting services and your reliance upon such information are at your own risk. All such information is provided to you 'as is'. If you are dissatisfied with the accuracy or quality of the information, your sole and exclusive remedy is to discontinue use of and access to BookWise's online and telephone reporting services and your reliance upon the information.
8.1 - Satisfaction Guarantee BookWise offers a 100% 60 day money-back satisfaction guarantee (less shipping charges) to all BookWise Book Club Members and Associates.
8.1.1 - Returns by Retail Customers
BookWise offers, through its Associates, a 100% 30 day money-back guarantee to all Retail Customers. Every Associate is bound to honor the Retail Customer guarantee. If, for any reason, a Retail Customer is dissatisfied with any BookWise book, the Retail Customer may return the book to the Associate from whom it was purchased, within thirty (30) days, for a replacement, exchange or a full refund of the purchase price (including shipping costs). The following provision sets forth the minimum refund permitted by law to a Retail Customer: A Retail Customer who makes a purchase of $25.00 or more has three business days after the sale or execution of a contract to cancel the order and receive a full refund consistent with the cancellation notice on the order form. When an Associate makes a sale or takes an order from a Retail Customer who cancels or requests a refund within the 72 hour period, the Associate must promptly refund the Retail Customer's money as long as the products are returned to the Associate in substantially as good condition as when received. Additionally, Associates must orally inform Retail Customers of their right to rescind a purchase or an order within 72 hours, and ensure that the date of the order or purchase is entered on the order form. All Retail Customers must be provided with two copies of an official BookWise sales receipt at the time of the sale. The back of the receipt provides the Retail Customer with written notice of his or her rights to cancel the sales agreement.
8.1.2 - Returns by Associates (Products Purchased for Personal Consumption) If an Associate is unsatisfied with any title purchased from BookWise for personal use, the Company offers a 100% 60 day money-back guarantee (less shipping). This guarantee is limited to $100. If an Associate wishes to return books exceeding $100, in any 12 month period, the return will be deemed an inventory repurchase and the Company shall repurchase the books pursuant to the terms of Section 8.2, and the Associate's Agreement shall be canceled.
8.1.3 - Returns by Associates (Books Returned by Personal Retail Customers) If a personal Retail Customer returns a book to the Associate from whom it was purchased, the Associate may return it to the Company for an exchange or refund (less shipping). All books returned by personal Retail Customers must be returned to the Company within 10 days from the date on which it was returned to the Associate along with the sales receipt which the Associate gave to the Retail Customer.
8.2 - Return of Inventory and Sales Aids by Associates Upon cancellation of an Associate's Agreement, the Associate may return inventory and sales aids for a refund if he or she is unable to sell or use the merchandise. An Associate may only return products and sales aids purchased by him or her that are in resalable condition. Upon receipt of the products and sales aids, the Associate will be reimbursed 90% of the net cost of the original purchase price(s), less shipping charges. If the purchases were made through a credit card, the refund will be credited back to the same account. The Company shall deduct from the reimbursement paid to the Associate any commissions, bonuses, rebates or other incentives received by the Associate which were associated with the merchandise that is returned.
8.2.1 - Montana Residents A Montana resident may cancel his or her Associate Agreement within 15 days from the date of enrollment, and may return his or her starter kit for a full refund within such time period.
8.3 - Procedures for All Returns The following procedures apply to all returns for refund, repurchase, or exchange: a) All books must be returned by the Associate or BookWise Book Club Member who purchased them directly from BookWise. b) All books to be returned must have a Return Authorization Number which is obtained by calling the Associate Services Department. This Return Authorization Number must be written on each carton returned. c) The return is accompanied by: i. a completed and signed Consumer Return Form; and ii. a copy of the original dated retail sales receipt. d) Proper shipping carton(s) and packing materials are to be used in packaging the book(s) being returned for replacement, exchange or refund, and the best and most economical means of shipping is suggested. All returns must be shipped to BookWise shipping pre-paid. BookWise does not accept shipping-collect packages. The risk of loss in shipping for returned product shall be on the Associate. If a returned book is not received by the Company's Distribution Center, it is the responsibility of the Associate to trace the shipment. e) If an Associate is returning a book to BookWise that was returned to him or her by a personal Retail Customer, the book must be received by BookWise within ten (10) days from the date on which the Retail Customer returned the book to the Associate, and must be accompanied by the sales receipt the Associate gave to the Retail Customer at the time of the sale. No refund, exchange, or replacement will be made if the conditions of these rules are not met.
9.1 - Disciplinary Sanctions Violation of the Agreement, these Policies and Procedures, or any illegal, fraudulent, deceptive or unethical business conduct by an Associate may result, at BookWise's discretion, in one or more of the following corrective measures: a) Issuance of a written warning or admonition; b) Requiring the Associate to take immediate corrective measures; c Imposition of a fine, which may be withheld from bonus and commission checks; d) Loss of rights to one or more bonus and commission checks; e BookWise may withhold from an Associate all or part of the Associate's bonuses and commissions during the period that BookWise is investigating any conduct allegedly violative of the Agreement. If an Associate's business is canceled for disciplinary reasons, the Associate will not be entitled to recover any commissions withheld during the investigation period; f) Suspension of the individual's Associate Agreement for one or more pay periods; g) Involuntary termination of the offender's Associate Agreement; h) Any other measure expressly allowed within any provision of the Agreement or which BookWise deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Associate's policy violation or contractual breach; i) In situations deemed appropriate by BookWise, the Company may institute legal proceedings for monetary and/or equitable relief.
9.2 - Grievances and Complaints When an Associate has a grievance or complaint with another Associate regarding any practice or conduct in relationship to their respective BookWise businesses, the complaining Associate should first report the problem to his or her Sponsor who should review the matter and try to resolve it with the other party's upline sponsor. If the matter cannot be resolved, it must be reported in writing to the Associate Services Department at the Company. The Associate Services Department will review the facts and attempt to resolve it. If it is not resolved, it will be referred to the Dispute Resolution Board for final review and determination.
9.3 - Dispute Resolution Board The Dispute Resolution Board reviews evidence, deliberates, and responds to current outstanding issues on a collective basis. The purpose of the Dispute Resolution Board ('DRB') is to: (1) review appeals of disciplinary sanctions; and (2) review matters between BookWise Associates that have not been resolved following referral to the Associate Services Department. An Associate may submit a written request for a telephonic or in-person hearing within 15 business days from the date of: (1) the written notice by BookWise of a disciplinary sanction; or (2) the written decision of Associate Services regarding disputes between Associates. All communication with BookWise and the Associate(s) seeking resolution of a dispute must be in writing. It is within the DRB's discretion whether a claim is accepted for review. If the DRB agrees to review the matter, it shall schedule a hearing within 90 days of receipt of the Associate's written request. All evidence (e.g., documents, exhibits, etc.) that an Associate desires to have considered by the DRB must be submitted to BookWise no later than seven business days before the date of the hearing. The Associate shall bear all of the expenses related to his or her attendance and the attendance of any witnesses he or she desires to be present at the hearing. The decision of the DRB will be final and subject to no further review, except as provided in Section 9.4 below. During the pendency of the claim before the DRB, the Associate waives his or her right to pursue arbitration or any other remedy. Following issuance of a disciplinary sanction, the disciplined Associate may appeal the sanction to the DRB. The Associate's appeal must be in writing and received by the Company within 15 days from the date of BookWise's notice of the disciplinary sanction. If the appeal is not received by BookWise within the seven-day period, the sanction will be final. The Associate must submit all supporting documentation with his or her appeal correspondence. If the Associate files a timely appeal of a disciplinary sanction, the DRB will review and reconsider the sanction, consider any other appropriate action, and notify the Associate in writing of its decision.
9.4 - Arbitration Any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Associates waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in Salt Lake City, Utah, unless the laws of the state in which an Associate resides expressly require the application of its laws, in which case the arbitration shall be held in the capital of that state. All parties shall be entitled to all discovery rights pursuant to the Federal Rules of Civil Procedure. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions with a strong preference being an attorney knowledgeable in the direct selling industry, selected from the panel which the American Arbitration Panel provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitration shall survive any termination or expiration of the Agreement. Nothing in these Policies and Procedures shall prevent BookWise from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect BookWise's interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
9.5 - Governing Law, Jurisdiction and Venue Jurisdiction and venue of any matter not subject to arbitration shall reside in Salt Lake County, State of Utah unless the laws of the state in which an Associate resides expressly require the application of its laws. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Utah shall govern all other matters relating to or arising from the Agreement unless the laws of the state in which an Associate resides expressly require the application of its laws.
9.5.1 - Louisiana Residents Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law.
10.1 - Book Club Sales On the first day of each month, BookWise will post an email catalog of current titles. Associates shall have 7 days to make his or her selection. If a BookWise Associate does not make a selection, a book will automatically be sent to the Member based on the Member's Personal Default category selected when he or she registered as a BookWise Associate. In addition Associates are encouraged to promote the BookWise titles to their friends, acquaintances, and Retail Customers. BookWise Membership allows BookWise associates to purchase a book (or more) each month at the discounted BookWise Book Club associate prices.
10.2 - Purchasing BookWise Books Each Associate should purchase his or her books directly from BookWise. If an Associate purchases books from another Associate or any other source, the purchasing Associate will not receive the personal sales volume that is associated with that purchase.
10.3 - General Order Policies On mail orders with invalid or incorrect payment, BookWise will attempt to contact the Associate by phone, and/or mail to try to obtain another payment. If these attempts are unsuccessful after five working days the order will be returned unprocessed. No C.O.D. orders will be accepted. BookWise maintains no minimum order requirements. Orders for products and sales aids may be combined. 10.4 - Shipping and Back Order Policy BookWise will normally ship products within 10 days from the date on which it receives an order. BookWise will expeditiously ship any part of an order currently in stock. If, however, an ordered item is out-of-stock, it will be placed on back order and sent when BookWise receives additional inventory. Associates will be charged and given Personal Sales Volume on back ordered items unless notified on the invoice that the title has been discontinued. BookWise will notify Associates and Book Club Members if items are back-ordered and are not expected to ship within 30 days from the date of the order. An estimated shipping date will also be provided. Back ordered items may be canceled upon a Book Club Member's or Associate's request. BookWise Book Club Members and Associates may request a refund, credit on account, or replacement merchandise for canceled back orders. If a refund is requested, the Associate's Personal Sales Volume will be decreased by the amount of the refund in the month in which the refund is issued.
10.5 - Confirmation of Order An Associate and/or recipient of an order must confirm that the product received matches the product listed on the shipping invoice, and is free of damage. Failure to notify BookWise of any shipping discrepancy or damage within thirty days of shipment will cancel an Associate's right to request a correction.
11.1 - Deposits No monies should be paid to or accepted by an Associate for a sale to a personal Retail Customer except at the time of product delivery. Associates should not accept monies from Retail Customers to be held for deposit in anticipation of future deliveries.
11.2 - Insufficient Funds It is the responsibility of each Associate to ensure that there are sufficient funds or credit available in his or her account to cover his or her monthly Book Club Membership fees and book order. BookWise will not contact Associates in regard to orders canceled due to insufficient funds or credit. This may result in an Associate's failure to meet his or her Personal Sales Volume requirements for the month.
11.3 - Returned Checks All checks returned by an Associate's bank for insufficient funds will be re-submitted for payment. A $25.00 returned check fee will be charged to the account of the Associate. After receiving a returned check from a customer or an Associate, all future orders must be paid by Credit Card, money order or cashier's check. Any outstanding balance owed to BookWise by an Associate for NSF checks and returned check fees will be withheld from subsequent bonus and commission checks.
11.4 - Restrictions on Third Party Use of Credit Cards and Checking Account Access An Associate shall not permit other Associates or Book Club Members to use his or her credit card, or permit debits to his or her checking accounts, to enroll or to make purchases from the Company.
11.5 - Sales Taxes In designing the BookWise opportunity, one of our guiding philosophies has been to free Associates from as many administrative, operational, and logistical tasks as possible. In doing so, Associates are free to concentrate on those activities that directly affect their incomes, namely book sales and the enrollment of BookWise Book Club Members and Associates. To these ends, BookWise relieves Associates of the burdens of collecting and remitting sales taxes, filing sales tax reports, and keeping records relative to sales taxes.
By virtue of its business operations, BookWise is required to charge sales taxes on all purchases made by BookWise Book Club Members and Associates, and remit the taxes charged to the respective states. Accordingly, BookWise will collect and remit sales taxes on behalf of Associates, based on the suggested retail price of the products, according to applicable tax rates in the state to which the shipment is destined. If an Associate has submitted, and BookWise has accepted, a current Sales Tax Exemption Certificate and Sales Tax Registration License, sales taxes will not be added to the invoice and the responsibility of collecting and remitting sales taxes to the appropriate authorities shall be on the Associate. Exemption from the payment of sales tax is applicable only to orders which are shipped to a state for which the proper tax exemption papers have been filed and accepted. Applicable sales taxes will be charged on orders that are drop-shipped to another state. Any sales tax exemption accepted by BookWise is not retroactive.
11.6 Pay Card System
To limit the amount of the cost to our associates of generating commissions checks (typically two-to-four dollars a check) BookWise Enterprises LLC has elected to pay commissions to a stored-value pay card account (your 'Commissions Account'). You will receive your stored-value pay card in the starter kit. You may retrieve commissions from this account or add funds to this account via your online Commissions Account management interface, reached from your BookWise back-office. You may also use any funds in your Commissions Account to pay for BookWise products or services by selecting it as your payment method when checking out.
Your Commissions Account requires a one-time setup fee of $2.00, which will be debited from your first commission payment. Each deposit into, or debit from your account will result in a $0.55 (fifty-five cent) transaction fee.
12.1 - Inactivity It is the Associate's responsibility to lead his or her marketing organization with the proper example in personal production of sales to end consumers. Without this proper example and leadership, the Associate will lose his or her right to receive commissions from sales generated through his or her marketing organization. Associates who personally generate less than $30.00 in Personal Volume for any pay period will not receive a commission for the sales generated through their marketing organization for that pay period.
12.2 - Cancellation So long as an Associate remains active and complies with the terms of the Associate Agreement and these Policies and Procedures, BookWise shall pay commissions to such Associate in accordance with the Marketing and Compensation Plan. An Associate's bonuses and commissions constitute the entire consideration for the Associate's efforts in generating sales and all activities related to generating sales (including building a downline organization). Following an Associate's non-renewal of his or her Associate Agreement or voluntary or involuntary cancellation of his or her Associate Agreement (all of these methods are collectively referred to as 'cancellation'), the former Associate shall have no right, title, claim or interest to the marketing organization which he or she operated, or any commission or bonus from the sales generated by the organization. An Associate whose business is cancelled will permanently lose all rights as an Associate. This includes the right to sell BookWise products and services and the right to receive future commissions, bonuses, or other income resulting from the sales and other activities of the Associate's former downline sales organization. In the event of cancellation, Associates agree to waive all rights they may have, including but not limited to property rights, to their former downline organization and to any bonuses, commissions or other remuneration derived from the sales and other activities of his or her former downline organization.
Following an Associate's cancellation of his or her Associate Agreement, the former Associate shall not hold himself or herself out as a BookWise Associate and shall not have the right to sell BookWise products or services. An Associate whose Associate Agreement is canceled shall receive commissions and bonuses only for the last full pay period he or she was active prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
12.3 - Involuntary Cancellation An Associate's violation of any of the terms of the Agreement, including any amendments that may be made by BookWise in its sole discretion, may result in any of the sanctions listed in Section 9.1, including the involuntary cancellation of his or her Associate Agreement. Cancellation shall be effective on the date on which written notice is mailed, faxed, or delivered to an express courier, to the Associate's last known address (or fax number), or to his/her attorney, or when the Associate receives actual notice of cancellation, whichever occurs first.
12.4 - Voluntary Cancellation A participant in this network marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address. The written notice must include the Associate's signature, printed name, address, and Associate I.D. Number. If an Associate is also a BookWise Book Club Member, the Associate's Book Club Membership shall continue in force unless the Associate also specifically requests that his or her Book Club Membership also be canceled.
12.5 - Non-renewal An Associate may also voluntarily cancel his or her Associate Agreement by failing to renew the Agreement on its anniversary date. The Company may also elect not to renew an Associate's Agreement upon its anniversary date. Associates have 60 days from agreement anniversary date to renew their membership or they will be automatically terminated.