LifeWave Policies and Procedures (this is a copy of LifeWave official policies)

Corporate Policies and Procedures Contact us for more info The following Policies and Procedures are effective as of September 1st, 2004. LifeWave, LLC (hereafter referred to as "LifeWave"). Revision date: September 1, 2004 This internet version of Policies and Procedures supersedes  any printed material. INTRODUCTION LifeWave's Policies and Procedures govern the manner in which a LifeWave Member (as defined in Section Two below) does business with LifeWave, other LifeWave Members, and retail customers. The LifeWave Compensation Plan (the "Compensation Plan"), the LifeWave Membership Application (the "Membership Application"), and the Policies and Procedures constitute a complete contract (the "Contract") between independent LifeWave Members and LifeWave, LLC. Failure to comply with the provisions of any of these documents comprising the Contract may result in the loss of a LifeWave Member's right to information concerning the LifeWave Member's line, the loss of a LifeWave Member's right to receive a bonus check, and/or the termination of LifeWave Membership. LifeWave reserves the right to change any of the Policies and Procedures at its discretion. LifeWave also reserves the right to over rule any policy or procedure at its discretion. Changes will become effective after appearance in any LifeWave publication notice or posting on our Website. 1. LifeWave Ethics As  an independent contractor and Member of LifeWave, LLC, I promise and agree that: I will be honest and fair in all of my dealings while acting as an Independent LifeWave Member; furthermore, I will perform my professional activities in a manner that will enhance my reputation and the positive reputation of LifeWave. I will fulfill my leadership responsibilities as a Sponsor by training, assisting, and otherwise supporting the LifeWave Members in my sales organization. I will respect the sponsor relationship of every LifeWave Member in the LifeWave family and I will not attempt to interfere with or change these relationships. I will not make disparaging or untrue claims about other LifeWave Members. I will follow the Policies and Procedures to the best of my ability, using my best efforts to follow the spirit, as well as the letter of these Policies and Procedures. I will not diagnose or prescribe treatment for disease, nor will I make any claims. I will never recommend to anyone that he/she discontinue the services, recommendations or medications of any doctor or other healthcare professional, nor will I misrepresent or make representations regarding the income potential of the Compensation Plan. I will not misrepresent the LifeWave products or the Compensation Plan;  nor will I engage in disparaging, misleading, deceptive, or illegal practice. I will promptly honor the terms of the LifeWave Retail Customer Product Guarantee with all of my customers. 2. Definitions In these Policies and Procedures the following terms shall have the meanings specified below. LifeWave Member: A "LifeWave Member" (hereafter referred to a "Member" or "LifeWave Member") means an independent contractor or distributor who has completed and signed a LifeWave Membership Application and whose Application (or any renewal thereof) has been accepted by LifeWave, LLC.  The term "LifeWave Member" includes any person with a beneficial interest in a LifeWave Membership. LifeWave Application: "LifeWave Application" means the membership application to be submitted to LifeWave, LLC.  The "LifeWave Application" form becomes a legally binding contract between the LifeWave Member and LifeWave, LLC.  The Lifewave Application may be completed online, by phone, or by hand and is subject to acceptance or rejection by LifeWave, LLC. LifeWave Group: "LifeWave Group" means all LifeWave Members of a LifeWave Member's down line organization. LifeWave Sponsor: "LifeWave Sponsor" means a LifeWave Member who personally introduces an individual or entity for LifeWave Membership in LifeWave, LLC. LifeWave Membership: "LifeWave Membership" means the rights to distribute LifeWave products and fulfill obligations to LifeWave, LLC  as a LifeWave Member. LifeWave Upline: "LifeWave Upline" means those LifeWave Members who are either identified as the LifeWave Member's Sponsor, or those entitled to compensation based upon the LifeWave Member's sales volume pursuant to the LifeWave Compensation Plan. Placement Upline: "Placement Upline" means the Member located directly above a LifeWave Member's position in the LifeWave structure. 3. Application Process Application: A person may become a LifeWave, LLC Member by completing, signing, and returning a Membership Application, or by applying online, by hand, or by phone. When LifeWave receives and accepts a Membership Application, LifeWave will assign a unique Customer I. D. number to each applicant. LifeWave Members must use their I. D. number when they call Customer Service to place orders or track commissions and bonuses. LifeWave reserves the right to reject, in its sole discretion, any Membership Application. LifeWave will not accept inaccurate or false information on the Membership Application. LifeWave Members are responsible for informing LifeWave of any changes affecting the accuracy of the Membership Application. Territory: Acceptance of your Membership Application authorizes you to conduct business in the countries of the United States, as well as any other country identified by LifeWave by formal announcement to LifeWave Members generally. Customer ID Number: Every LifeWave Member will have a unique numerical identification number ("ID number") issued by LifeWave, LLC.  All individual Members in the United States must provide LifeWave with a Social Security Number for the individual or entity, or an appropriate Trust Identification Number.   All U.S. corporate, partnership, and trust entities that are Members must provide LifeWave with certification of their Employer Identification Number, or an appropriate Trust Identification Number. Members in other countries must provide LifeWave with the tax, identification, and other information requested by LifeWave, LLC on the Membership Application. Beneficial Interests: While partnerships, corporations, and trusts may be granted LifeWave Memberships, an individual may not have a beneficial interest or be listed in more than one Membership, including but not limited to, businesses, trusts, organizations, and families. Members of the same family unit - defined as a husband, wife and children living at the same address - may have more than one LifeWave Membership account, if they are sponsored by the same person, and are in the same "leg" of the sponsor's down line. LifeWave Members who initiate Memberships in violation of this policy will lose such Memberships and may lose their original Membership as well in LifeWave's sole discretion. Corporations: Corporation Membership Applications must contain the names and appropriate identification of the principal officers (president, vice-president(s), secretary, and treasurer), members of the Board of Directors, and shareholders. A copy of the Corporate Articles of Incorporation and bylaws must accompany the Membership Application. The Membership Application must be signed by an authorized officer and such signature shall legally bind the corporation. Partnerships: Partnership applications, including those of limited liability companies, must include a copy of the articles of organization and partnership or operating agreement, if such exists or is required by law.   All partners of a partnership must sign the Membership Application.  The Membership Application must also contain the names and one Social Security Numbers or tax identification number to be used to identify the partnership. Trusts: Trust applications must include a signed letter identifying the manager or trustee of the trust. The application must include the trust's Tax Identification Number, the names of all persons having a beneficial interest in the trust, and a certified copy of the trust document.   The Membership Application must be signed by the manager or trustee of the trust. Sole Proprietors and Other Entities: Sole proprietors and Registered DBA's (i.e., Doing Business As), with distinct Tax Identification Numbers may be required to submit a signed statement or copy of ownership or other appropriate documentation and tax identification information. LifeWave Membership Status Changes: A LifeWave Member who wishes to change his or her status from that of an individual LifeWave Member to a participant in a corporation, partnership, or trust under the same sponsor may do so, subject to the prior written approval from LifeWave, LLC. LifeWave Member Marriage: If two LifeWave Members choose to marry, they may maintain their separate, independent organizations. However, all awards, recognition, incentives, company benefits, trips, and promotions earned will be awarded to only one account, regardless of the PV maintained on the other account.   A copy of the marriage certificate must be submitted to the LifeWave Customer Service Department within thirty (30) days after any marriage between two LifeWave Members. LifeWave Member Divorce: If married LifeWave Members who share a Membership obtain a divorce, LifeWave will continue to treat the Membership pursuant to the original Membership Application until such time that LifeWave receives written notice from both parties,  or official court documentation, directing otherwise. The written notice should be signed by both parties and notarized. LifeWave Member Death: In the event of a LifeWave Member's death, the Membership may be conveyed by will or the laws of intestacy to the Member's heirs subject to LifeWave's prior approval. The death certificate along with a certified copy of the will or court order, as well as a new Membership Application in the name of the new LifeWave Member receiving the Membership, must be forwarded to LifeWave. LifeWave Membership Transfers: No LifeWave Member may delegate or assign his, her or its duties as a Member. No LifeWave Member may convey, sell, assign, pledge, encumber, or otherwise transfer a Membership or rights of a Member except by submitting the following required items to the LifeWave Compliance Department for approval,  namely A newly signed LifeWave Membership Application form from the buying or receiving party. A signed statement from the selling LifeWave Member's Sponsor rescinding the sponsorship of the selling person.  The Sponsor shall have fifteen (15) days after receipt of written notice of the terms of conveyance, by hand delivery or certified mail, within which to accept the terms of sale and purchase the LifeWave Membership. A copy of the Sales Agreement.   No sale, assignment, or transfer of any LifeWave Membership (or any LifeWave Member rights) shall be effective without the prior written approval of LifeWave, LLC.   After a review of the terms of the sale, LifeWave, LLC reserves the right to approve or disapprove, in its sole discretion, the proposed purchaser's qualifications and intentions to manage and develop the LifeWave Membership.  The Sales Agreement must be executed by the seller prior to the consummation of sale and a notarized copy of the fully executed Agreement must be submitted to LifeWave, LLC. A termination notification from the buying party,  if such party has an existing LifeWave Membership. Any active LifeWave Member desiring to acquire an interest in another LifeWave Member's business must first terminate the existing LifeWave Membership of the buyer.  The buyer must then reapply six months later as a LifeWave Member in the newly acquired LifeWave Membership interest by submitting a new Membership Application, which must be accepted by LifeWave, LLC. A signed statement from the selling LifeWave Member agreeing and promising the following: "I will not raid or recruit any LifeWave Member for one year from [the effective date of the sale]. I will not 'cross-sponsor' or recruit any LifeWave Member into any other direct-selling or multilevel marketing organization." As part of the sales agreement, the seller of a LifeWave Membership must also agree to not engage in any activity that would cause LifeWave, LLC or the LifeWave Membership being sold to be diluted or weakened through activities such as raiding or making disparaging comments. LifeWave Membership Account Changes: Account changes, such as changes in the LifeWave Membership address or name of record, may be accomplished by submitting a new Membership Application form (with the word "Amended" visibly written at the top), to the Customer Service Department, or by making changes online. All amended forms must be completed in their entirety and signed by all parties of the LifeWave Membership.  Name changes require appropriate legal proof of the change. Legal Age: LifeWave Member applicants must be of legal age in the jurisdiction of the applicant's residence. 4. LifeWave Member Responsibilities General: A LifeWave Member must comply with the LifeWave Code of Ethics, the Policies and Procedures, the Membership Application, the Compensation Plan, all contractual obligations, and state, federal and other applicable laws. LifeWave, LLC cannot tolerate activity by a Member that is unethical. LifeWave, LLC  may intercede when unethical behavior is discovered or reported.   LifeWave, LLC  reserves the right to use its best judgment and discretion in determining whether certain Member's activities are unethical.   Any breach or violation of these policies may be deemed unethical.   Any action which may cause LifeWave, LLC or its Members the loss of good reputation, or that is detrimental to LifeWave's business, will be considered unethical business practice and will be grounds for disciplinary action, including termination of Membership. Independent Contractor Status: A LifeWave Member is an independent contractor and is not an agent, an employee, a partner, or a party in a joint venture of LifeWave, LLC or of any sponsor or LifeWave Member.   A Member may not represent that such arrangements exist. A LifeWave Member is responsible for the Member's own business decisions and expenditures and for satisfying all federal, state, and local laws and regulations applicable to the residence of the Member. Because LifeWave Members are independent contractors, Members are not eligible to claim unemployment or worker's compensation as a result of having been or being a Member. Unfair Competition, "Cross-Sponsoring", and "Down line Raiding": A LifeWave Member shall not sponsor or solicit another LifeWave Member into any other network-marketing or direct-selling company or with the exception of those individuals the LifeWave Member has personally sponsored and placed on the LifeWave Member's down line in the Compensation Plan. Such prohibited solicitation is known as "Cross-Sponsoring."  In addition, no LifeWave Member shall participate directly or indirectly in any action or solicitation that causes another LifeWave Member to be sponsored through someone else into any other network-marketing or direct-selling company. Advertising that solicits participation in another network-marketing or direct-selling company is considered Cross-Sponsoring.   These activities constitute grounds for termination. Furthermore, a Member may not attempt to persuade other Members to change Sponsors within LifeWave, LLC (i.e., "Down line Raiding"). This activity constitutes grounds for termination. Product Claims: A LifeWave Member shall not make medicinal claims, therapeutic claims, or any unauthorized representation regarding LifeWave, LLC or any LifeWave products, nor shall a LifeWave Member prescribe LifeWave products as suitable for the treatment of any ailment. No representation or sales offers shall be made relating to LifeWave products which are not complete, accurate, and truthful as to quality, performance, and availability. Appropriate product information is contained in approved product literature from LifeWave, LLC. Income and Opportunity Claims:  No unreasonable, misleading or other misrepresentation of earnings or potential income may be made by a LifeWave Member. Income guarantees or expectations of any kind are prohibited, as is disclosure or exhibition of actual or copies of bonus checks or similar evidence.  Specific dollar claims or "average" earnings claims must not be used.  If general income examples, extrapolations, or geometric progressions are used to explain potential earnings,  growth or success, then actual current average income figures of all LifeWave Members at all levels as provided by LifeWave, must also be stated. Future Growth Claims:  A LifeWave Member must not imply or assert that additional products or services will be added to the products and services currently offered or that enhancements to the Compensation Plan are forthcoming or that specific countries, territories, or areas are about to be added to countries, territories, or areas of LifeWave operation unless, or until, that fact has been officially announced by LifeWave, LLC. Governmental Endorsement Claims: A LifeWave Member shall not represent that the LifeWave Compensation Plan or that any of its products have been approved, sponsored, or endorsed by any governmental agency. International Sales: A LifeWave Member may not sell any LifeWave products in countries, territories, or areas where the sale of such products is not authorized by LifeWave, LLC. A LifeWave Member may purchase products exclusive to a particular market, while in that market, but may not resell these products in another market. LifeWave Membership Termination: A LifeWave Member who does not purchase a minimum of 120 PV of product for a period of six (6) months will automatically have the LifeWave Membership terminated by LifeWave. Reporting Unethical Behavior: While complaints should generally be directed to and through the LifeWave Member's Upline Sponsors, a LifeWave Member who has a specific complaint about another LifeWave Member, or is aware of any violation of these Policies and Procedures by another LifeWave Member, should direct such complaint in writing or by email to the LifeWave Customer Service Department in order to minimize the negative aspects accompanying such complaints. No Waiver of Policy Enforcement: The failure of LifeWave, LLC to enforce any of these Policies and Procedures with one LifeWave Member does not waive LifeWave's right to enforce any such provision(s) with that same LifeWave Member or any other LifeWave Member. LifeWave Member Lists: Lists of LifeWave Members ("Lists"), whether partial or complete, and whether prepared by LifeWave Members, LifeWave, LLC, or third parties, are the confidential and proprietary information of LifeWave. LifeWave has derived, compiled, configured, and currently maintains and protects Lists through the expenditure of considerable time, effort, and monetary resources. Lists, in present and future forms, constitute commercially advantageous proprietary assets and trade secrets of LifeWave, LLC, which LifeWave's employees and Members agree to hold confidential during and after the term of their LifeWave Membership. LifeWave, LLC may provide, for a fee, uniquely tailored portions of Lists to Members for limited purposes of LifeWave business. Each portion of a provided List contains information specific to the Member who requests the List and the LifeWave Member's down line or up line organization. A List may be provided by various media including, but not limited to, mail order, fax, and the Internet. A LifeWave Member or former LifeWave Member must, upon request of LifeWave, LLC, promptly return or destroy all lists and certify to such return or destruction in writing. Lists are provided for the exclusive and limited use of the LifeWave Member to facilitate training, support, and service of the Member's down line to further the LifeWave Member's LifeWave business only. Each Member agrees that the use of a List provided by LifeWave, for the intended scope of use, constitutes a separate, exclusive license agreement between the Member and LifeWave, LLC. LifeWave Member Lists remain, at all times, the exclusive property of LifeWave, LLC.  A Member requesting a List agrees: To limit the use of a List to the specified scope of use of the List and exclusively to advance a Member's LifeWave related business; To hold confidential and not disclose or transfer or allow access of any List or portion thereof to or by any third party, including, but not limited to, existing LifeWave Members, competitors, and the general public. Any intended or unintended use, disclosure or access to Lists, outside of those authorized, constitutes misuse, misappropriation and a violation of the Member's license agreement, and may cause irreparable harm to LifeWave, LLC; That, upon any violation under this provision, the Member shall be deemed to have agreed and stipulated to preliminary, temporary, and permanent injunctive relief, enjoining such use under applicable law, and to promptly retrieve and return to LifeWave, LLC all Lists previously provided to the Member; That intended or unintended misuse of a List is cause for immediate termination of a LifeWave Membership, whether or not such misuse causes irreparable harm to LifeWave or one of its LifeWave Members and whether or not LifeWave seeks any other remedies, relief, or damages; That the obligations under this provision shall survive the termination of the LifeWave Member's LifeWave Membership; and LifeWave reserves the right to pursue all appropriate remedies, relief, and damages under applicable national or local laws to protect its rights to the Lists as proprietary information and trade secrets of LifeWave, LLC. Any failure to pursue such remedies will not constitute a waiver of those rights. 5. Sponsoring Sponsoring: Sponsoring is an important part of being a LifeWave Member and carries with it many benefits and responsibilities. A LifeWave Member may act as the Sponsor for new Members if the Sponsor is in good standing with LifeWave. A new LifeWave Member has the right to choose his, her or its sponsor and to have that sponsor listed on the Membership Application. LifeWave will not mediate disputes resulting from one or more individuals contacting the same prospect. If more than one LifeWave Member claims Sponsorship of the same person, LifeWave will accept the first complete and acceptable Membership Application form received by LifeWave, LLC. Prospective LifeWave Member Information: A Sponsor must provide each potential LifeWave Member with a copy of the most current Policies and Procedures prior to, or when giving to such person a LifeWave Membership Application form. LifeWave Down line Placement: A LifeWave Member may only place a personally sponsored person in his, her or its LifeWave down lines under his, her or its Financial Centers. Placing people in other lines, including "cross lines" is not allowed. A Sponsor has various duties and responsibilities towards his or her down lines, which include the following: Offer support, information and assistance as well as bona fide supervisory, marketing, selling, and training support. Exercise best efforts to ensure that all LifeWave Members understand and comply with the current Membership Application, Policies and Procedures, and Compensation Plan. Intervene in disputes arising between a retail customer and any LifeWave Member, and attempt to resolve disputes promptly and amicably, without disclosing negative or disparaging information with other LifeWave Members or any other person. Change of Sponsorship: The changing of sponsors is not allowed. Once a LifeWave Member is sponsored, LifeWave believes in protecting that relationship, except in the case of a LifeWave Member using unethical means to sponsor someone. Under exceptional circumstances, LifeWave Members wishing to change sponsors can request to do so by submitting a document of justification for the change, as well as the signatures of all parties involved. This request will be reviewed by LifeWave, LLC, and a written notification of approval or disapproval will be submitted to the applying Member. If the current sponsor will not sign over the sponsorship, then the LifeWave Member desiring a new sponsor must cancel their membership, wait for six (6) months, and then sign up again in a new position. Global Sponsoring: A LifeWave Member may sponsor people in his, her or its down lines from other countries where LifeWave, LLC is currently doing business. 6. Ordering Products & Sales Materials Ordering Guidelines: A LifeWave Member may order products pursuant to the following guidelines: Product orders will generally be processed within two to five (2-5) business days. Shipments are made by common carrier and delivery may be expected within 7 days, unless special provisions are made. Shipments may be made only to street addresses. General Delivery and post office box destinations are not acceptable in the United States and Canada. Shipments will be complete and in marketable condition at the time they leave the LifeWave Fulfillment Center. Because title to any order is conveyed and transfers at shipment, the LifeWave Member is ultimately responsible for any loss, damage, or shortage to the shipment after it leaves the LifeWave warehouse. Upon receipt of a product shipment, LifeWave Members should immediately inspect shipments to determine whether orders are complete and in sellable condition. Members should ask the shipper's representative to show them how to file a claim for damaged or missing materials. Before assuming loss on any order, a LifeWave Member should wait at least fifteen (15) working days from the placing of a mail order, and ten (10) working days from submission of an order by telephone, fax, or email. If a shipment or order is lost, the Member should notify Customer Service. Lost shipments, if later found and/or delivered, must be reported to the Customer Service as soon as possible and in any event within seven (7) days of delivery. A LifeWave Member who signs a delivery release with a common carrier, authorizing the carrier to deliver an order, without a signature, releases LifeWave from responsibility for such delivery. All products should be stored at room temperature and kept out of lighted areas or as otherwise directed by the label. LifeWave is not responsible for product that is damaged due to improper storage. A LifeWave Member who has had at least one check or bank draft returned for "insufficient funds" or "closed account" may lose ordering privileges until the sufficiency of funds is resolved. In such case a LifeWave Member may permanently lose check or bank draft product purchase privileges. LifeWave will assess a $20 handling fee for each dishonored check or bank draft, even if the instrument is again presented to the bank and honored. Return of Products-General Information: A LifeWave Member who has purchased products may return these for a refund if the following steps are taken within a thirty-day period from the time the products were received. The LifeWave Member must first call the LifeWave U.S. Office to obtain a Return Merchandise Authorization (RMA) number. An RMA will be issued upon the following conditions:   The products being returned must be linked to a specific order placed in the LifeWave Member's business centers. The products must be unopened, and in re-salable condition. The products must be returned within the thirty-day return period, and must be returned within two weeks of the RMA being issued. All products must be shipped appropriately to avoid damage during shipment. Should products arrive damaged they will not be considered re-salable and will be returned to the LifeWave Member at his expense and without refund or exchange. The Customer Service representative will instruct the LifeWave Member to include the RMA number on the package being returned. The RMA should be visually displayed on the outside of the package. The LifeWave Member's name, ID number, order number, and a list of the products being returned should be included on a packing slip inside the package. The LifeWave Member can then ship the products back to the U.S. Corporate Offices, not to the warehouse. Packages sent to the U.S. Corporate Office that do not contain an RMA number (visually displayed on the OUTSIDE of the package) will be refused or returned to the LifeWave Member at his expense. There will be no exceptions. Shipping cost is the responsibility of the LifeWave Member. The packages with the proper authorizations will be processed and the LifeWave Member's refund will be issued. Ninety percent of the product purchase price will be refunded less shipping charges and any bonus or commission paid out, an applicable volume will be deducted from applicable Members. If product is returned that was not approved when the RMA was issued, it will be returned to the LifeWave Member at his expense. Members who return their initial order will be credited 100% of their purchase price, less shipping, if the above steps are completed and this takes place within a thirty-day period from the time of the original purchase. The return of this initial order will cancel this member's business center activation. All volume and related commissions paid on this order will be deducted from the applicable LifeWave Members. All product packs, including wholesale and retail packs, must be returned in their entirety. No partial packs will be accepted. Additionally, there will be no product substitutions accepted in packs. With the exception of initial orders, all products must be returned unopened and in re-salable condition in order to receive a refund. Once a customer has made a return from a specific order, the exchanged products may not be returned for additional exchanges or refund. Refunds will be issued to the credit card, which was used at time of purchase. Check or cash payments will be refunded via check, which will be mailed to the LifeWave Member. Retail Sales Returns - Retail Sales of Individual Products: Products purchased by retail customers may be returned to the LifeWave Member who sold them within thirty (30) days after the retail customer purchased the products. The sponsoring LifeWave Member will give the Retail Customer the refund. In order to receive a refund or exchange on the returned products, the LifeWave Member must then request an RMA number from Customer Service. See items 1-3 above. When the products are returned, proof of retail sale must be returned with the product, as well as the original order number, and the name of the person who purchased the product. There will be no exchanges or refunds after the initial thirty (30) day period plus the thirty day retail customer return period (60 days maximum, provided proof of date of purchase is included), and no product substitutions. Products must be returned in unopened, resalable condition in order to receive a 90% refund or credit to the LifeWave Member's account, less shipping costs. Any retail stickers or personal labels must be removed prior to returning to LifeWave. There is to be no alterations in the packaging in order to receive a refund or exchange. Product Orders: A LifeWave Member may order product by phone, mail, email, fax, or online. The LifeWave Product Order Form is required for all mail orders and fax orders of products and must be fully completed and submitted to the LifeWave Corporate Office. Two or more LifeWave Members may not combine orders on the same order form. Orders must conform to the following requirements: Orders placed by telephone, fax transmission, email, and through LifeWave's Internet Website must be paid by credit card or check. Double shipments occurring due to a LifeWave Member's placing of an incorrect order is the financial responsibility of the LifeWave Member. Orders placed via telephone, facsimile, and the Internet are subject to the following provisions: Full payment must accompany all orders. Only payment by personal check, certified check, money order, bank draft, or credit card will be accepted. LifeWave will not accept COD (cash on delivery) orders. Orders submitted without payment in full may be returned unfulfilled to the LifeWave Member by mail. Orders submitted with an insufficiency of funds may be fulfilled with products in the dollar amount that does not exceed the funds submitted with the order less shipping and applicable tax. If payment for an order is insufficient, LifeWave reserves the right, in its discretion, to withhold any number of products from such order and in its discretion, to determine which products to withhold from the order. Any negative consequences arising out of the return or partial fulfillment of an incomplete order are solely the responsibility of the LifeWave Member who placed the order. The availability of purchase funds for any purchase must be approved prior to the sale. If a LifeWave Member's credit card is not approved, every reasonable effort will be made to contact the LifeWave Member. However, it is the LifeWave Member's responsibility to ensure that payment has been approved. Unless the LifeWave Member has an alternate payment method, the order will be deleted. A LifeWave Member who initiates credit card "charge backs" is deemed to have "Disputed Balances." The LifeWave Member receiving credit for the order in question may have future purchase amounts applied, and commissions suspended and applied toward the Disputed Balance until the dispute is resolved to the satisfaction of LifeWave, LLC. LifeWave is not responsible for an incoming order that is delayed in transit, or for an order that does not arrive at the appropriate LifeWave warehouse complete with a valid form of payment. Mail orders must be received by LifeWave on or before the last business day of the Bonus period to be counted in that Bonus period. Payment Options: LifeWave accepts Visa, MasterCard, American Express, Discover Card, Checks, Bank Drafts, and Cash as payment for products. Bank Drafts can be set up with LifeWave after a member is enrolled in Auto ship. You can request a Bank Draft Application from Customer Service. Ordering Restrictions: A LifeWave Member may not submit orders in the name of another LifeWave Member. Only orders made on behalf of the LifeWave Member's own LifeWave Membership will be honored by LifeWave, LLC. If the use of another LifeWave Member's credit card is needed, proper authorization is required. Violation of this rule will result in disciplinary action. Sales Tax: LifeWave products are subject to sales and use tax in most jurisdictions. LifeWave collects and remits sales tax in various jurisdictions. LifeWave will advise LifeWave Members that such taxes are required to be collected on their behalf. The collection of tax by LifeWave does not relieve the LifeWave Members of their responsibility and duty to comply with any and all customs tariff and tax regulations appropriate to the LifeWave Members and their business. 7. Advertising & Product Displays Advertising: LifeWave, LLC encourages LifeWave Members to promote LifeWave's products and marketing opportunities pursuant to appropriate guidelines. Failure to follow the guidelines can result in damage to the reputation of LifeWave, LLC and its products, and can trigger undesirable publicity and possible legal action. When advertising LifeWave products, a Member should take special care that he/she operates and clearly designates his/her business as independent from LifeWave. Thus, the Member should identify himself/herself in the following format: "John/Jane Doe, LifeWave Independent Distributor." Members may use LifeWave's "Independent Distributor" logo. This logo may only be used with LifeWave products and not with any competitor's products or services. When advertising LifeWave products, LifeWave Members may not make inappropriate claims about the products. The product claims must be expressed exactly as LifeWave, LLC expresses its claims. An example of an inappropriate claim would be: LifeWave's Energy Enhancer will help cure high blood pressure. Instead, one may discuss the product as it relates to the system of a person's body. An example of a lawful statement would be: LifeWave's Energy Enhancer aids strength endurance in the user. All trademarks, logos, literature and forms produced or owned by LifeWave Corporate Office remain the property of LifeWave, LLC. LifeWave literature or logos for advertising use can be acquired from the Customer Service Department or downloaded from the LifeWave website (www.LifeWave.com). If anyone makes a legal claim against a Member as a result of his/her use of advertising materials created by LifeWave, LLC, that claim should be reported to LifeWave’s Corporate Office immediately. Self-produced Promotional Items: LifeWave, LLC discourages LifeWave Members from producing their own promotional items for their own use, and prohibits LifeWave Members from producing promotional items for resale, without express prior written approval of LifeWave Corporate. Among other things, federal and state laws require that any materials created independently or derived from LifeWave's materials (collectively, "Independently Created Advertising Materials") be used in a manner that does not infringe or dilute the trademarks and rights of LifeWave or any third party, does not infringe the copyrights of LifeWave or any third party, and does not make any false or misleading claim about LifeWave or the products advertised. Independently Created Advertising Materials are solely the responsibility of the Member who creates them and any person who uses them. LifeWave, LLC disclaims any right or obligation to control the content of Independently Created Advertising Materials in any medium, including print, television, radio and the Internet. LifeWave, LLC will not indemnify any Member against any claim that Independently Created Advertising Materials violate the rights of any third party. LifeWave, LLC, however, retains the right to demand that a Member cease the use of any Independently Created Advertising Materials if, in the judgment of LifeWave, LLC, such materials violate the law, LifeWave's rights or the rights of any third party. Proprietary Names: A LifeWave Member may not use LifeWave's intellectual property including, but not limited to, copyrights, trademarks, logos, or trade secrets, or any distinctive slogan or phrases used by LifeWave, LLC to promote the LifeWave Members' businesses. Furthermore, a LifeWave Member may not obtain, through use or filing for a trademark or copyright application, any right, interest or title to the name, trademarks, logos, or trade secrets of LifeWave, LLC and its products. If LifeWave should decide to change or abandon any of its trade names or marks, each LifeWave Member must also change or abandon such trade name or mark. Electronic and Mass Media Advertising: Electronic and mass media advertising are prohibited. A LifeWave Member may not advertise LifeWave, LLC or its products or services on television, cable television, radio, newspapers, email, or any other form of electronic or mass media advertising without prior written permission, which can be withheld in LifeWave's discretion. Telemarketing: Any Member who uses the telephone to market LifeWave products must comply with all applicable state and federal regulations for telephone marketing and solicitation, including registration as a telemarketer. It is LifeWave's policy that all Members must respect the federal "do not call list" even when there is some uncertainty as to its validity or application as a matter of federal law. Members must clearly identify themselves as independent from LifeWave, LLC. Internet Use: Although we encourage the use of our replicated websites, LifeWave Members may use the Internet to promote the LifeWave opportunity and products by creating a web page, home page, or website subject to the following requirements: The web site may not use any LifeWave name(s), trademarks, logo(s), or product name(s), or any name that otherwise does not meet with approval of LifeWave, LLC, in the URL address or domain name. The website may not give to any users the impression or any reason to believe that they have reached the corporate office's website of LifeWave. The website must state clearly and conspicuously that it is owned and operated by an independent contractor of LifeWave, LLC and that LifeWave, LLC is not liable for any statement, omission, or misrepresentation in the web site. Any time the word "LifeWave" is used as a title on the web site, it must be preceded by the words "Independent Distributor" to read "Independent Distributor of LifeWave." A LifeWave Member may not use any LifeWave, LLC logo unless the logo has the words Independent Distributor directly below it. A LifeWave Member's website must accurately display all trademarks owned by LifeWave, LLC. LifeWave Members are responsible to make all changes to reflect the latest use of LifeWave, LLC  names, logos, and trademarks. A LifeWave Member may not advertise on the Internet by purchasing space on any other web page such as a search engine or commercial web site. LifeWave, LLC products may not be marketed in conjunction with similar or competing products from any other company. This includes web-based catalogs, marketplaces, eBay, etc. A LifeWave Member may not use mass emailing to promote the LifeWave opportunity or products. LifeWave Members are encouraged to follow all Internet etiquette and applicable regulations and to be good "net" citizens. These Policies and Procedures, including the advertising and marketing guidelines and restrictions regarding not practicing medicine or diagnosing, apply to communications sent via email. While LifeWave, LLC cannot monitor your email, government authorities may. A breach of the law can also result in immediate termination of a LifeWave Membership for cause. All advertising and marketing guidelines under these Policies and Procedures also apply to a Member's use of the Internet to sell LifeWave, LLC products or advertise or advance the Member's business, including those regarding not practicing medicine or diagnosing. All Members who want to use a LifeWave, LLC logo, must use LifeWave's Independent Distributor Logo, not LifeWave's Corporate Logo. Please be aware that there is only a minor difference between the two logos with the additional words "Independent Distributor" typed on the logo. LifeWave must insist on usage of the correct logo to protect its trademarks for the benefit of LifeWave, LLC and all of its Members. If a Member wishes to use the Independent Distributor logo, he, she, or it must obtain and enter into a trademark license agreement from the LifeWave website or Customer Service. Personal replicated websites that LifeWave, LLC has created and maintains for its Members carry LifeWave's approval.  A "double-click" rule also applies. This rule states that there must be a web page in between all links from the Member's website and LifeWave's websites, and that web page must include the disclaimer provided by LifeWave's Legal Department. Framing of any part of LifeWave's website is strictly prohibited. Members must not register any trademarks or names of third parties, especially of companies competitive with LifeWave, LLC, as meta tags with Internet search engines. Such action is a violation of federal law, and is also cause for disciplinary action and termination of your LifeWave Membership. All Members shall be solely responsible for any liability or damages caused by their utilization of a website to further their Membership business. LifeWave, LLC may, from time to time, prohibit the advertising and marketing of any or all of its products or services over the Internet. LifeWave may at any time prohibit Members in any particular country from filling orders for a product sold to persons in a jurisdiction or territory foreign to that of the Member's residence. Any Member's website that does not comply with these Policies and Procedures may result in disciplinary action against the Member, including termination of the Membership. Company Recordings: A LifeWave Member may not produce for sale, for personal or business use any audio, video, or other recording of LifeWave-sponsored events, teleconference calls, speeches or meetings. Furthermore, LifeWave Members may not reproduce for sale, distribution, or personal or business use any recording of LifeWave-produced audio or video presentations without the prior express written consent of the LifeWave , LLC Marketing Communications Department. LifeWave Member Recordings: A LifeWave Member may not, without the prior express written consent of the LifeWave Marketing Communications Department, record, make, or prepare audio or video presentations or recordings of any LifeWave event, speech, teleconference call, or meeting. Prior written approval must be obtained from LifeWave Corporate before the sale or distribution of any recording of independently sponsored LifeWave Member training or other meetings. Media Inquiries: In order to ensure accuracy and consistency of information, a LifeWave Member who receives any inquiry from the press or other media regarding any aspect of LifeWave, its products or LifeWave Memberships should immediately refer such inquiry to the Marketing Communications Department at LifeWave by calling (404) 240-0030. General Training Fees: A LifeWave Member may not charge for profit a fee for any general training on LifeWave products or marketing or for LifeWave Member produced training materials without the prior written consent of LifeWave Corporate. Telephone Book Listing: Telephone book advertising is generally prohibited. However, a LifeWave Member may place the following listing in the yellow pages in the categories of Health, Fitness, or Nutrition. All listings for telephone publications should read as follows: "LifeWave Independent Distributor" followed by the LifeWave Member's name, address, and telephone number. No LifeWave Member may display advertisements using LifeWave's name, logo(s), trademarks, or product names in any telephone directory. Toll-Telephone Numbers: LifeWave prohibits the use of 900 numbers or any toll numbers for the purpose of marketing either the LifeWave opportunity or its products. Telephone Answering: A LifeWave Member may not answer the telephone in any manner that would give callers a reason to believe that they have reached the corporate offices of or an office of LifeWave.  Specifically, a LifeWave Member shall not answer the telephone by saying "LifeWave." LifeWave Members may answer the telephone indicating that they are an independent LifeWave distributor.  Answering machines must also comply with this policy. Revised Company Literature: A LifeWave Member is responsible for notifying the LifeWave Member's down line organization of new LifeWave information. New LifeWave policies, forms and literature replace old policies, forms, and literature.  A LifeWave Member should destroy outdated or invalid literature and forms. LifeWave is not obligated to reimburse any LifeWave Member for outdated materials in the LifeWave Member's possession. Repackaging: A LifeWave Member can repackage monthly supplies for samples using only approved LifeWave, LLC marketing materials purchased through LifeWave.  A LifeWave Member shall not sell any such product under any name or label other than that authorized by LifeWave, LLC. Service and Retail Establishment Displays: Although we allow the retail sale of products, a LifeWave Member may not sell LifeWave products in Retail establishments because the LifeWave Member cannot provide proper support to the customers. Under certain circumstances, LifeWave products may be sold through Service-Related establishments. A "Service-Related Establishment" is one that receives revenue primarily by providing personal service rather than by selling products. Such establishments include offices of doctors, dentists, chiropractors, and other health professionals, health clubs, gymnasiums, barber shops, beauty shops, nail boutiques, counseling services, tanning centers, and other such businesses where the customer's use of the establishment is controlled by customer membership or appointment. Fairs and Special Events: LifeWave Members may promote LifeWave products at fairs and trade shows with conditions that the products are not shown or displayed with any other products that are sold via network marketing. Flea markets and swap meets are prohibited territory for the sale and/or display of LifeWave products, opportunities, literature, or services. EBay: LifeWave Members may not sell LifeWave products on EBay or any other internet auction site. This form of selling precludes the personal contact that should be present in a networking environment. 8. LifeWave Member Compensation & Fees LifeWave Member Compensation and Fees: A LifeWave Member is compensated pursuant to the LifeWave Compensation Plan applicable to the country of residence of the individuals owning the LifeWave Membership, as more fully set forth in the Appendix to these Policies and Procedures below. The policies outlined in the LifeWave Compensation Plan brochure (or on LifeWave's website) are the guidelines for payment of earnings under the Compensation Plan and the fees charged to LifeWave Members. Qualification: A LifeWave Member is wholly responsible for meeting the LifeWave Member's qualification requirements. LifeWave, LLC will not guarantee compensation amounts for any LifeWave Member. Earnings Guarantees: A LifeWave Member is neither guaranteed a specific income nor assured any level of sales, profit, or success. Commission Period: The commissions are calculated daily and processed and distributed bi-monthly. Payment of Bonus Checks: Bonus checks are mailed monthly by LifeWave. Any bonus check in an amount less than twenty-five dollars ($25.00) may not be issued until the next bonus period. Bonus checks issued to joint applicants in a LifeWave Membership will be issued in the names of the first two applicants listed on the LifeWave Member Application. Debiting of Bonus Checks:   LifeWave, LLC reserves the right to debit or place a hold on a LifeWave Member's bonus check for any amount the LifeWave Member owes LifeWave, LLC. Replacement Checks: Upon request, LifeWave will issue a replacement check for a lost or stolen check; however, a service fee may be assessed. Service Fees: Although LifeWave, LLC provides most LifeWave Member services to LifeWave Members free of charge, from time to time a LifeWave Member will request or require services that warrant additional time and expense to research or address. Examples of these services include down line changes, change in sponsorship, change in placements, etc. The Member requesting the service will complete the necessary form, available from Customer Service. LifeWave charges a fee of $10.00 per transaction with a minimum of $10.00 assessed for each such case, or the fee specifically stated on the form required for changes, etc. 9. LifeWave Member Cancellation of Autoship, Membership, Disciplinary Process, Resignation, and Termination Cancellation Notification: Notification of Cancellation of Autoship orders and LifeWave memberships must be made in writing. These documents must contain a signature of the person holding the LifeWave account.  Sending an email or leaving a voice message with Customer Service does not consist of notification. You may fax in your request for cancellation to Customer Service or mail to LifeWave, LLC. Voluntary Resignation: A LifeWave Member may, at any time, voluntarily resign by submitting to LifeWave, LLC a resignation letter signed by all individuals and entities on the LifeWave Membership listing the individuals and entities names and tax ID numbers or social security numbers. A LifeWave Member who voluntarily resigns may not reapply for LifeWave Membership until six months after LifeWave has made the termination final. A LifeWave Member who resigns loses all rights to any down line genealogy and LifeWave Member privileges. Involuntary Termination: If necessary, a LifeWave Member may be terminated by LifeWave, LLC for cause. LifeWave has the right to take quick and decisive action in limiting or terminating a LifeWave Membership that is found in violation of the Policies and Procedures, the LifeWave Member Application, rules governing the Compensation Plan or any state or federal laws, statutes, and/or regulations that pertain to the business of LifeWave, LLC. In extreme cases of violations by a LifeWave Member, LifeWave, LLC also reserves the right to pursue legal recourse, as well as reimbursement by a LifeWave Member for any expenses, including attorney's fees and legal fees generated from a violation, and to seek and obtain other appropriate remedies, relief, and damages. Disciplinary Process: Failure to abide by the Policies and Procedures will lead to appropriate disciplinary action. After a disciplinary action is complete, LifeWave, LLC may announce details of such disciplinary action. Policy violations that do not lead to immediate termination may be dealt with in the following manner and the disciplinary process may involve any or all of these steps: Informal warning. The LifeWave Member may be notified, orally, or in writing, that the LifeWave Member is in violation of LifeWave, LLC policies. Formal warning. If a particular violation continues after an informal warning is issued, or the violation is severe enough to warrant it, a formal written warning may be sent to the offending LifeWave Member stating that failure to discontinue the stated violation may result in further disciplinary action. Suspension. A suspension letter may be sent and considered a final warning. This notice will list actions that must be taken in order for the LifeWave Member to reinstate the LifeWave Member's account. These actions include the following: The immediate cessation of all violations; Submitting a written statement to LifeWave responding to the suspension; and any further action that is required by LifeWave. Failure to submit this information will cause the violating LifeWave Membership to be terminated. The LifeWave Member is notified in writing that if policy violations continue after receipt of the suspension letter, the LifeWave Membership will be terminated. A LifeWave Member may appeal the suspension in writing within the specified time period outlined in the suspension letter. Suspended LifeWave Members are not eligible to receive compensation or Bonuses from LifeWave, LLC or participate in any functions or programs of LifeWave, LLC. LifeWave, LLC reserves the right to withhold compensation until the disciplinary process has been completed to LifeWave's satisfaction. Because suspended LifeWave Members may not place product orders, they may not qualify for compensation during their term of suspension. Notification of Termination: When a decision is made to terminate a LifeWave Member for cause, LifeWave, LLC will send notification by mail to the terminated LifeWave Member at the most recent address on file at the Corporate Office. Upon receipt of notice from LifeWave, LLC, the LifeWave Member must immediately cease all LifeWave Member activities and remove any applicable web site advertising, if possible. Appeal of Termination: If a LifeWave Member wishes to appeal a termination, LifeWave, LLC must receive the written appeal within the time period specified in the termination letter. If the appeal is not received within this time period, the termination will be final. LifeWave, LLC will review the timely appeal and notify the LifeWave Member of the decision. This decision will be final. The termination will be effective from the date of LifeWave's original termination notice. Effect of Termination: Whether a LifeWave Membership is terminated through voluntary resignation or through involuntary termination by LifeWave, LLC, that LifeWave Membership is no longer entitled to sell LifeWave products or to Sponsor other prospective LifeWave Members. In addition, the terminated LifeWave Member shall lose all rights to the existing down line and shall no longer be entitled to receive Bonuses, awards, or any compensation whatsoever from LifeWave, nor shall the LifeWave Member be entitled to any rights to LifeWave Member Lists. A terminated LifeWave Member must immediately return all LifeWave Member Lists and other information of LifeWave to LifeWave, LLC. Litigation: Any litigation regarding the agreements between LifeWave Members and LifeWave, LLC shall be undertaken in the State Court of Gwinnett County, Georgia, or the Atlanta U.S. Federal District Court. These policies and all agreements between LifeWave, LLC and LifeWave Members shall be governed by the laws of the State of Georgia, and are binding on successors and assigns of both parties.