Sciences Association (ISSA)
400 East Gutierrez St. Santa Barbara Ca. 93101
ISSA Independent Representative
Policies and Procedures
One of the ways you demonstrate integrity as a Representative
of ISSA is to understand and comply with all rules, regulations,
policies and procedures contained in your Representative
Manual or that may be published or disseminated by ISSA.
ISSA reserves the right to amend these Rules and Regulations
by publishing or transmitting amendments as it deems appropriate,
and you are required to comply with them in their currently
ISSA honors all federal, state and local regulations governing
direct sales and requires every Representative to do the
same. It is, therefore, very important that you read and
understand the information in this section. If you have
any questions regarding any rule or policy, seek an answer
from the ISSA Director of Business Development.
A. Professional Ethics
As a Representative of ISSA, I hereby promise and agree
- I will be honest and fair in all my dealings while acting
as a Representative of ISSA.
- I will respect the privacy of the people I contact to
become retail customers of ISSA. I will be courteous and
respectful to every person in the course of my ISSA business.
I recognize that ISSA has strong convictions regarding
the ethical conduct of all ISSA Representatives.
- I will perform all of my business activities in a manner
that will enhance my reputation and the reputation of
- I will not engage in any deceptive or illegal practice.
- I will not make claims for ISSA products or services
except as contained in official ISSA literature. I also
understand and agree that the responsibilities of "commercial
speech" (claims made in the promotion of commercial
goods and services) exceed the requirements of either
scientific, research, or other forms of "free speech".
Therefore, I will remember that even my personal experience
of benefits received from ISSA products and services may
be interpreted as an 'extension of labeling claims' if
I use those experiences as a sales device.
- I understand and agree that I am solely responsible
for all financial and/or legal obligations incurred by
me in the course of my business as a Representative of
ISSA products and services including self-employment taxes,
income taxes, sales taxes, license fees, etc. I understand
that I am an independent contractor for all federal and
state tax purposes.
B. Representative Status
- Becoming a Representative. An applicant becomes
a Representative of ISSA when both of the following requirements
- The applicant purchases at company cost of
$179.00 an ISSA Representative Starter Kit* which is
sales material (not for resale); and
- The applicant's completed online Enrollment
Form with payment for the previously mentioned $179.00
application fee (for startup materials at cost) has
been received and accepted by ISSA home office. ISSA
reserves the right to decline any Representative Application
*Optional in North Dakota
- No Purchase Required. No person is required to
purchase any ISSA products or services. The only purchase
required of new Representatives is the purchase of an
ISSA Representative Starter Kit (optional in the state
of North Dakota). The Representative Starter Kit is sold
at company cost to support the efforts of each new Representative
with training tools, sales tools, communication and training.
- Representative Rights. All Representatives are
authorized to sell ISSA products and services and to participate
in the ISSA Commission Plan.
- Legal Age. Representatives must be of legal age
in the state of their residency.
- Married Couples. Married couples and their dependent
children must share a single Representative entity. Representatives
who marry may maintain separate Representative status
or consolidate their business by terminating one of the
Representative entities. When a couple sharing a Representative
entity divorces or separates, ISSA will continue to pay
commission checks as before the divorce or separation
until it receives written notice, signed by both parties
or by a court decree specifying how future commission
checks should be paid.
- Simultaneous Interests. Representatives and their
spouses or dependents may not have simultaneous beneficial
interests in more than one Representative entity without
the written consent of ISSA. For example, a shareholder
of a corporation that is an ISSA Representative may not
become an ISSA Representative individually.
- Corporate and Partnership Guarantee for Owners.
Although the ISSA has offered Representatives the opportunity
to conduct their distributorship as corporate or partnership
entities, it is agreed that since the distributorship
entity is under the control if its owners or principals,
the actions of individual owners as they may affect the
ISSA and the distributorship are also critical to the
ISSA's business. Therefore, it is agreed that actions
of corporate shareholders, officers, directors, agents
or employees and the actions of partnership partners,
agents or employees which are in contravention to the
ISSA's policies shall be attributable to the corporate
or partnership entity.
Furthermore, corporations, partnerships and/or trusts may
be signed as Representatives of ISSA only when the Representative
Application and Agreement is accompanied by notarized copies
- Articles of incorporation, partnership agreement
or trust documents as filed with the State.
- To ensure compliance with Rule and Regulation
#6, Representatives must disclose a complete list of
all directors, officers, and shareholders involved in
the corporation. Partnerships must disclose all general
and limited partners. Trusts must disclose the trustee
- Proof must be provided of a Federal ID Number
and a copy of the Annual Certification from the Secretary
of State from the State of partnership registration
- Shareholders, partners, beneficiaries and
trustees, directors and officers, as applicable, agree
to remain personally liable to ISSA and bound by rules
- Fictitious and/or Assumed Names. A person or
entity may not apply as a Representative using a fictitious
or assumed name but may apply under a business name registered
as a DBA with their local county authority.
- Annual Renewal. Representatives must renew their
Representative status annually. Although the responsibility
for renewing belongs to each Representative, ISSA will
remind Representatives when their renewal is due via a
computer generated notice, etc. Any Representative not
renewing by the renewal date shall be deemed to have voluntarily
terminated their Representative status relationship with
ISSA, and thereby forfeit the Representative entity, all
rights and any applicable commissions as provided for
in the Commission Plan.
- Independent Contractor Status. All Representatives
are independent contractors with ISSA. They are not franchisees,
joint ventures, partners, employees, or agents of ISSA.
Representatives are strictly prohibited from stating or
implying, whether orally or in writing, that they are
franchisees, joint venture partners, employees or agents
of ISSA. Representatives have no authority to bind ISSA
to any obligation.
- Indemnity Agreement. Each and every Representative
agrees to indemnify and hold harmless ISSA, its shareholders,
employees, agents, general/limited partners, and successors
in interest from and against any claim, demand, liability,
loss, cost or expense, including, but not limited to,
attorney's fees, arising or alleged to arise in connection
with that Representatives ISSA business, its affiliates'
activities as an ISSA Representative and any other matter
related to Representative's performance under the Representative
- Taxation. Representatives will be treated as
independent contractors for all federal or state tax purposes.
As independent contractors, Representatives will not be
treated as employees, franchisees, joint ventures, partners,
employees, or agents with respect to the Internal Revenue
Code, Social Security Act, Federal Unemployment Act, state
unemployment acts, or any other federal, state, or local
statute, ordinance, rule, or regulation.
- Legal Compliance. All Representatives shall comply
with all federal and state statues and regulations and
local ordinances and regulations concerning the operation
of their own businesses. All Representatives are responsible
for their own managerial decisions and expenditures including
all estimated income and self-employment taxes. At the
end of each calendar year, ISSA will issue an IRS Form
1099-MISC for non-employee compensation for Representatives
as required. Since ISSA Representatives are not ISSA employees,
ISSA is not responsible for payment or co-payment of any
- Personal Identification Number. All Representatives
are required by federal law to obtain a Social Security
number or Federal I.D. number and ISSA will use this number
until such time as a Representative ID number is assigned
and for all government reporting purposes. Representatives
will also be identified by a Personal Identification Number
assigned to each Representative when the Representative
Application is accepted by ISSA and the Representative
is entered into the computer. This Personal Identification
Number must be indicated by the Representative on all
correspondence with ISSA, including paperwork for product
ordering or returns.
- No Exclusive Territories. There are no exclusive
territories for marketing or promotional purposes, nor
shall any Representative imply or state that he or she
does have an exclusive territory. There are no geographical
limitations on Representative marketing and sales activity.
- Acquisition of Business. Any Representative desiring
to acquire an interest in another Representative's business
must submit a Request for Purchase to ISSA. Such Request
must be signed by both parties to the acquisition and
submitted to ISSA for such a purchase or partnership arrangement.
All such transactions must be fully disclosed to ISSA
and must be approved by ISSA in advance. Purchaser must
submit an ISSA Independent Representative Agreement to
ISSA and Agreement must be accepted by ISSA prior to authorization.
- Voluntary Termination. Any Representative may
voluntarily terminate his/her Representative status by
failing to renew when applicable or by sending a NOTARIZED
written notice to ISSA that he/she is terminating his/her
Representative status. Voluntary termination is effective
upon receipt of such notice by ISSA at its home office.
Notification of the voluntary termination may be forwarded
to affected parties. Any Representative who voluntarily
terminates his/her Representative status may reapply after
waiting three (3) months before application. Any Representative
who fails to renew his/her Representative status when
renewal is required may not apply under a new Representative
status before a three month waiting period has elapsed.
- Termination. A Representative may be terminated
or suspended for materially violating the terms of his/her
Representative Application and Agreement, for failing
to meet or maintain the ISSA Code of Professional Ethics,
or for violating any of the Rules and Regulations. ISSA
may suspend the Representative status of a violating Representative
while serving notice of cause, citing instance(s) of the
violations(s). Should satisfactory explanation, defense,
or remedy not be provided by the Representative within
15 days, termination will become effective upon final
decision of ISSA. Notice of the decision will be sent
by certified mail to the violating Representative's address
of record. In instances where applicable state law is
inconsistent with the foregoing, such procedure shall
be automatically amended for compliance. An involuntarily
terminated Representative may not make application to
ISSA for a period of one (1) year following the effective
date of termination.
- Appeal. An involuntarily terminated Representative
may appeal the termination by submitting a letter of appeal,
stating the grounds of the appeal. This letter must be
sent REGISTERED U.S. Mail Return Receipt Requested Accepting
signature Required and must be received by ISSA within
fifteen (15) days of the date of mailing of the ISSA's
termination notice. If the ISSA has not received a letter
of appeal by that deadline, the involuntary termination
shall automatically become final. If a Representative
files a timely appeal, ISSA will, in its sole discretion,
review and reconsider the termination and notify the Representative
of its' decision. The decision of the ISSA shall be final
and subject to no further review. If the appeal is denied,
the termination shall remain in effect as of the date
of the ISSA's original termination notice.
- Effect of Suspension. Should ISSA deem it necessary
to suspend a Representative, such suspension could mean
that the Representative may not have the right to represent
him/herself as a Representative of ISSA and that any commissions
due will be held in abeyance by ISSA pending resolution.
Products may be purchased by a suspended Representative,
however, should termination result product may be purchased
only at retail from another ISSA Representative.
- Effect of Termination. In the event a Representative
is terminated, effective with such termination the Representative
can no longer sell ISSA products and services. The Representative
also loses all rights to his/her Representative entity,
to sales commissions and all other benefits associated
with the activities of a Representative. An involuntarily
terminated Representative may not make application to
ISSA for a period of one (1) year following the effective
date of termination.
- Limit on Transferability or Sale. Except as provided
in Section 5 herein, a Representative may not sell, assign,
or otherwise transfer his/her Representative entity (or
Representative rights) to another ISSA Representative.
Any Representative may sell, assign, or transfer his/her
Representative entity (or Representative rights) to
another, as long as the purchaser is not a Representative,
married to or a dependent of a Representative, or has
corporate, partnership or trust interest in another
Representative entity subject to the following. No sale,
assignment, or transfer of any Representative entity
(or Representative rights) shall be effective without
the prior written approval of ISSA whose approval will
not be unreasonably withheld. Prior to approval, ISSA
requires that all documents of sale or transfer must
first be signed and notarized by all interested parties
of the sale, transfer, or assignment, and then submitted
to ISSA FOR REVIEW AND APPROVAL. If It is determined
in ISSA's sole discretion that the Representative entity
was transferred in an effort to circumvent compliance
with the Agreement, the Rules and Regulations, or the
Compensation Plan, the transfer shall be declared null
and void, and the Representative entity shall revert
back to the transferring Representative, who shall be
treated as if the transfer had never occurred from the
reversion day forward. If necessary, and in ISSA's sole
discretion, appropriate action, including without limitation,
termination may be taken against the transferring Representative
to ensure compliance with the Agreement and the Rules
- Succession. Notwithstanding any other provision
of this section, upon the death of a Representative, the
Representative entity shall pass to his/her successors
in interest as provided by law. However, ISSA will not
recognize such a transfer until the successor in interest
has submitted an ISSA Application and Succession Agreement
Form together with certified copies of the death certificate
and will, trust, or other instrument. The successor shall
thereafter be entitled to all the rights and subject to
all the obligations as any other ISSA Representative.
- Confidentiality Agreement. Information contained
in any customer report provided to a Representative by
ISSA is proprietary and confidential to ISSA, and is transmitted
to the Representative in strictest confidence. The Representative
agrees that he or she will not disclose any such information
to any third party directly or indirectly, nor use the
information to compete with ISSA or for any purpose other
than promoting the ISSA program. The Representative and
ISSA agree that, but for this agreement of confidentiality
and non-disclosure, ISSA would not provide the information
to the Representative. Any Representative who is found,
or reported to be, in violation of this rule may not only
risk loss of buying privileges, possible suspension/termination
from participation in ISSA commission plan and termination
of Representative status, but ISSA may seek remedy for
damages to the fullest extent that the law makes available.
- Vendor Confidentiality. ISSA's business relationships
with its vendors and manufacturers and suppliers are confidential.
Any Representative shall not contact, directly or indirectly,
or speak to or communicate with any representative of
any supplier or manufacturer of ISSA except at an ISSA
sponsored event at which the representative is present
at the request of ISSA. Violation of this regulation may
result in termination of Representative benefits and possible
claims for damages if the vendor/manufacturer association
is compromised by the Representative contact.
- Trademarks. The name ISSA and the names of all
ISSA programs, services and products are the trademarks
of and owned by ISSA. Only ISSA is authorized to produce
and market products, services and literature under these
trademarks. Use of the ISSA name on any item not produced
or authorized by ISSA is prohibited, excepted in the manner
- Yellow and White Page Listing. Representatives
are not permitted to use the ISSA trade name in advertising
their telephone and fax numbers in the white or yellow
page sections of the telephone book in such a way to leave
the impression that the Representative is the ISSA. Such
listing should appear in the manner described below:
- Imprinted Checks. ISSA Representatives are not
permitted to use the ISSA trade name or any of its trademarks
on their business or personal checking accounts. However,
Representatives may imprint their ISSA business checks
as being a "Representative of ISSA".
- Imprinted Business Cards or Letterheads. ISSA
Representatives are not permitted to "create"
their own business card or letterhead graphics if the
ISSA trade name and/or trademarks are used. Only the approved
ISSA graphics version and wording are permitted. The ISSA
logo may be used on a Representative's existing business
cards or letterhead only if submitted and approved by
- ISSA Literature. Only official ISSA literature
may be used in representing ISSA products and services.
ISSA literature may not be duplicated or reprinted without
prior written permission from ISSA. Banners, trade show
materials, and other related promotional material, must
be approved in advanced and in writing by ISSA.
- Print and Electronic Advertising. Only ISSA approved
materials may be used in the placement of any advertising
in any print or electronic media. No person shall use
the ISSA name, logos, trademarks or copyrighted material
in any advertising not produced by Issa or without express
written permission from ISSA. For approval mail or fax
a copy of the proposed advertising to ISSA corporate headquarters,
attention: Director of Business Development. Include a
description of placement (publication information). ISSA
will fax or mail edits/approvals to Representative. Allow
14 days for processing and approval.
- Internet and Website Policy. ISSA maintains an
official Corporate website at www.ISSACentral.com. ISSA
Representatives are allowed to advertise on the internet
only through the approved ISSA program. Violation of the
preceding or following indications and prohibitions will
result in discipline:
- No Representative may independently design
a website that uses the names, logos, or product descriptions
of ISSA without written permission from ISSA.
- No Representative may use "blind' ads
on the internet making product claims which are ultimately
associated with ISSA.
- No Representative may under any circumstance
use the internet for the purpose of indiscriminate 'bulk'
contact or email broadcast (generally known as "spamming").
Nor may any ISSA Representative circulate any unsolicited
email for any purpose.
- No Representative may violate any local,
state or federal laws regarding the internet or any
generally accepted ethical codes of internet conduct.
Any Representative violating any of the above prohibitions
or failing to keep any of the above indications of appropriate
behavior, and any Representative using the ISSA names,
trademarks, logos, etc. on the internet or in any other
advertising medium, except as permitted by ISSA Policies
and Procedures, shall be subject to immediate discipline,
which may include termination of Representative status
and forfeiture of all Representative benefits, including
(but not limited to) loss of income and whatever other
damages may be deemed appropriate in a court of law.
- Media Interviews. Representatives are prohibited
from granting radio, television, newspaper, tabloid, or
magazine interviews, or making any type of statement to
the public media to publicize ISSA, its products, or their
individual ISSA business except with the express, prior
written approval of ISSA. All media contacts and inquiries
must be coordinated through the approval and representation
of the ISSA Director of Business Development.
- Endorsements. No endorsements by any ISSA officers
or administrators or third parties may be alleged, except
as expressly communicated in ISSA literature and communications.
- Independent Communications. Representatives,
as independent contractors, are encouraged to distribute
information and direction to their respective customers.
ISSA encourages the prudent distribution of information
communication. However, Representatives must identify
and distinguish between personal communications and the
official communications of ISSA.
- Re-packaging Prohibited. Representatives may
not re-package ISSA programs, information, materials,
or products in any way.
- Recordings. Representatives shall not produce
or reproduce for sale or personal use ISSA produced audio
or video taped material detailing ISSA programs, services,
products or events, including conference calls without
written permission from ISSA. Video and/or audio taping
of ISSA trainings or conferences is strictly prohibited.
- Telephone Answering. Representatives may not
answer the telephone by saying "ISSA: or in any other
manner that would lead the caller to believe that he or
she has reached the corporate offices of ISSA.
- Liability. Violation of any of the rules explained
in this section, as with all other sections of these Rules
and Regulations, is grounds for termination of the individual's
Representative status. ISSA may seek injunctive relief
or damages from the violator for the unauthorized use
of ISSA copyrights, trademarks and materials.
PAYMENT OF COMMISSIONS
- Representative Application and Agreement. Commissions
cannot be paid until a completed Representative Application
and Agreement has been received and accepted by ISSA.
Commissions are paid only on the sale of ISSA products
and services. No commissions are paid on the purchase
of the Representative Starter Kit.
- Calendar Period. Commissions are calculated on
a calendar period basis. A calendar period runs from the
1st through the last day of the month.
- Commission Payment Date. Commissions are paid
monthly on the 15th for commission earned during the preceding
calendar month. Should the payment day fall on a legal
holiday or weekend, commission checks will then be mailed
the next regular scheduled business day.
- Equipment Purchases. Commissions for high end
exercise equipment that are dropped shipped by vendor
to customer will be paid to Representative after the guaranteed
return sixty day trial period has expired. ISSA Representatives
are required to repay ISSA commissions for any product
returned after the trial period by having commission amount
deducted from future commission payments.
Minimum amount for payment of commission checks is
$100. Commissions will accrue until $100 in commissions
has accumulated at which point a monthly check will
PURCHASE AND SALE OF PRODUCTS
- No Purchase Prerequisite to become a Representative.
No purchase of products or services are required to become
an ISSA Representative.
- Direct Purchase. All ISSA Representatives purchase
his/her products and services directly from ISSA at the
established retail price. As a Representative of ISSA,
he/she will receive a specific commission on all purchases
made from ISSA, including one's own.
- Payment Options. Purchases may be paid by money
order, cashier's check, bank wire transfer, FAX check,
automatic bank draft/check withdrawal or credit card (American
Express, Visa, Mastercard and Discover).
- Shipping Costs. It is the ordering Representative's
sole responsibility to indicate method and means of shipping
and destination address. The methods available are stated
on each order form and the prepaid costs, if selected,
can be calculated by the shipping and handling cost information
- Timely Product and Materials Delivery. Upon clearance
of payment, ISSA processes for shipment the products and
materials ordered. If an item is temporarily not available
(TNA) the consignee is notified by way of the packing
list included with the shipment. Should a TNA occur, the
item(s) will be shipped as soon as available and usually
within ten (10) days of the date the original order and
payment was received.
- Damaged Goods. The shipping company is responsible
for any damage that occurs after it takes physical custody
of the goods. Any Representative who receives damaged goods
should follow this procedure:
- Accept delivery.
- Before the driver leaves, document on the
delivery receipt the number of boxes which seem damaged.
- Save the damaged boxes or product for inspection
by the shipping agent.
- Make an appointment with the shipping company
to have the damaged goods inspected.
- File a claim with the shipping company.
- Price Changes. All ISSA product and literature
prices are subject to change without prior notice.
- Sales Tax. For purchases made from ISSA, ISSA
collects and remits applicable state tax which may be
due on the suggested selling price of those products and/or
materials which are subject to tax. The applicable rate
of tax due is based on the address to which the product
and/or material is delivered.
Representatives who request a tax-exempt purchase
for resale from ISSA must provide ISSA with a true and
correct copy of their valid and current resale exemption
certificate showing a resale tax number and thereafter
this number must appear on all orders placed with ISSA.
The Representative must then collect the tax from his/her
retail customer and remit it to the proper state and
local taxing authority. All Representatives must pay
tax to ISSA on their personal purchases made for personal
use and consumption.
- Service Oriented Establishments. It is permissible
to display and take orders for ISSA products and services
in businesses such as professional services offices, private
training studios, fitness clubs, or similar non-retail
RETAIL GUARANTEE AND REFUND
- Retail Customer Returns. ISSA offers a "100%
unconditional 30 day money-back guarantee" to all
retail customers. Every ISSA Representative is bound by
their Representative Agreement and the Rules and Regulations
to honor this guarantee. If a retail customer is dissatisfied
with any ISSA product for any reason, then that retail
customer may return the product to the Representative
from whom it was purchased, within 30 days, for either
a replacement or a full refund of the purchase price.
If the retail customer purchased product that was shipped
directly from ISSA, then that retail customer may return
the product to ISSA for either a replacement or a full
refund of the purchase price. Should a customer return
this product for a full refund, the Representative's next
commission payment will be adjusted by deducting the amount
paid at the time of purchase for the returned product.
ISSA will replace the returned product providing the
following steps and conditions are met:
ISSA will not refund to any Representative or customer the
purchase price of any retail customer returns and no replacement
of product will be made if the conditions of this rule are
- The product is returned to ISSA by the Representative
through whom the purchase was made or is returned directly
by the customer who purchased the product.
- The product must be received by ISSA within
ten (10) days of the return date to the Representative
by the customer.
- The return is accompanied by a completed
and signed statement indicating:
1. the reason for the return;
2. a copy of the original retail sales receipt,
3. the unused portion of the product in its original
4. the name, address and telephone number of the
- Proper shipping carton(s) and packing materials
are to be used in packaging the product(s) being returned
for replacement, and the best and most economical means
of shipping is utilized.
- ISSA will pre-pay the cost of shipping the
- Representative Returns of Defective Product.
ISSA will replace, within 30 days of purchase by Representative,
any product found to be defective. However, no product(s)
should be returned to ISSA before prior approval is sought
and received. A Return Authorization Number (RAN) must
be secured from ISSA Customer Service. The RAN shall be
prominently displayed on the exterior packaging of the
return as well as the paperwork enclosed inside. In order
to assure that replacement of product will be issued,
strict compliance to the following procedures is required:
NOTE: Any return received without prior approval will cause
the status of that Representative to be made "inactive".
Further, there is no assurance that the product will be
- A written replacement request must be submitted,
stating the reason for the request and accompanied by
RAN, proof of payment and a copy of the Purchase Order
Form or packing slip. Product returned without prior
authorization will be returned to the Representative.
- ISSA will instruct the Representative where
to ship the product for inventory and verification,
and will also provide the appropriate quantity of authorized
product return shipping labels. Upon receipt and verification
of the product, ISSA will ship out replacement product
- Termination and Cancellation Returns. If the
Representative has purchased products for inventory purposes
or sales aids while the Representative agreement was in
effect, all products or aids in a re-saleable condition
then in possession of the Representative, which have been
purchased within 12 months of cancellation or termination,
shall be repurchased. The repurchase shall be at a price
of not less than ninety percent (90%) of the original
net cost to the Representative prior to notification to
ISSA of the election to cancel or ISSA's notification
to terminate. Buyback is 12 months in Massachusetts, Maryland,
Georgia, Louisiana, Montana, Wyoming, Texas, Oklahoma
and Puerto Rico. In addition, ISSA will honor statutory
mandated buyback requirements of every jurisdiction. ISSA
will also repurchase any sales materials and the ISSA
Representative Starter Kit for a period of one year from
the time of purchase providing they are current and in
NOTE: Product or sales materials not in resaleable condition
will be returned to Representative at the Representative's
- A written return request must be submitted
with RAN, stating the reason for the termination, the
reason for the return of product and/or sales materials,
and accompanied by proof of payment and a copy of the
- ISSA will instruct the Representative where
to ship the product for inventory and verification,
and will also provide the Representative with the appropriate
quantity of authorized product return shipping labels.
Upon receipt and inspection of the return, ISSA will
process the appropriate refund for payment.
- Representative must pay the cost of return
freight and/or shipping.
- Buyer's Right to Cancel. Federal law empowers
a buyer to cancel certain sales without penalty prior
to midnight of the third business day after the transaction.
This rule covers retail consumer sales of $25.00 or more
that occur away from the seller's main office. The ISSA
Order Form contains all legally required notices. It must
be signed by the buyer and two copies must be given to
the buyer on every sale. In addition, the Representative
must orally inform the buyer of the three-day right to
cancel at the time the buyer signs the contract of sale
or purchases the goods.
- Representative's Responsibility. If a retail
customer mails or delivers to a Representative a valid
notice of cancellation prior to midnight on the third
business day after ordering or purchasing the product
or service, it must be honored by the Representative.
If the buyer has taken delivery of any goods, they must
be returned with the notice in substantially as good condition
as when delivered. Within 10 business days after receiving
the notice, the Representative must refund all payments
made under the contract of sale.
- Liability. To the extent permitted by law, ISSA
shall not be liable for and Representative releases ISSA
from, and waives all claims for any loss of profits, indirect,
direct, special or consequential damages or any other
loss incurred or suffered by Representatives as a result
of (a) the breach by Representative of the Agreement and/or
the terms and conditions of the Rules and Regulations
and Policies and Procedures, (b) the operation of Representative's
business, (c) any incorrect or wrong data or information
provided by Representative, or (d) the failure to provide
ISSA any information or data necessary for ISSA to operate
its business, including without limitation, the enrollment
and acceptance of Representative into the Commission plan
or the payment of commissions and bonuses.
- Record Keeping. ISSA encourages all its Representatives
to keep complete and accurate records of all their business
- Press Inquiries. Representatives may not solicit
media attention or respond to media inquiry on behalf
of ISSA. Nor are any Representatives authorized to give
personal testimonials or product information to the media,
except as authorized by ISSA. All media inquiries should
be immediately referred to the attention of the ISSA Director
of Business Development.
- Governmental Endorsement. Federal and state regulatory
agencies do not approve or endorse direct selling program
and nutritional products. Therefore, Representatives may
not represent or imply, directly or indirectly, that the
ISSA program has been approved or endorsed by any governmental
- Refund Provisions, Training Materials. Cumulative
purchases during the first six months are limited to less
than $500 in George, Louisiana, Indiana and Michigan.
See specific states as to statutory purchasing limitations,
buyback rules and other restrictions, disclosures and
additional distributor rights and responsibilities.
The following provision applies only to those residents
of Massachusetts, Maryland, Montana, Georgia, Louisiana,
Wyoming, Texas, Oklahoma and Puerto Rico (and other
states making similar requirements) who are applying
to become a Representative of ISSA.
"If participant wishes to cancel this Agreement,
ISSA agrees to repurchase from participant all products,
sales aids, literature ad promotional items which are
in a reasonably reusable condition and which were acquired
by the participant from ISSA, at a price not less than
90% of the original net cost to the participant for
purchase of the goods which is attributable to specific
goods being returned. In addition, ISSA agrees to repay
90% of all administrative fees that have not, at the
time of termination, been provided to participant. "Said
product or materials must be returned shipping prepaid
by participant in order to receive the above refund."
- Amendment. ISSA reserves the right to amend the
Rules and Regulations set forth herein, its suggested
retail prices, product availability and formulation, and
Commission Plan as it deems appropriate. Amendments will
be communicated to all Representatives through the official
ISSA publications or other means. Amendments are effective
and binding on all Representatives as of the date of issuance.
In the event of any conflict between the agreement of
the Rules and Regulations and any such amendment, the
amendment shall control.
- Non-Waiver Provision. No failure of ISSA to exercise
any power under these Rules and Regulations or to insist
upon strict compliance by an Asssociate with any obligation
or provision herein, and no customer or practice of the
parties at variance with these Rules and Regulations,
shall constitute a waiver of ISSA's right to demand exact
compliance with these Rules and Regulations. Waiver by
ISSA can be effected only in writing by an authorized
officer of ISSA.
The ISSA's waiver of any particular default by a Representative
shall not affect or impair ISSA's rights with respect
to any subsequent default, nor shall it affect in any
way the rights or obligations of any other Representative.
Nor shall any delay or omission by ISSA to exercise
any right arising from default affect or impair ISSA's
rights as to that or any subsequent default.
- Jurisdiction. All disputes and claims relating
to ISSA, the Agreement, ISSA Commission Plan or its products
and services, the rights and obligations of a Representative
and ISSA, or any other claim or causes of acting relating
to the performance of either a Representative or ISSA
under the Agreement or the Rules and Regulations, and/or
a Representative's purchase of products shall be adjudicated
totally and finally in Santa Barbara, CA or such other
location as ISSA prescribes.
- Entire Agreement. This statement of Rules and
Regulations (along with the Commission Plan) is incorporated
into the Representative application and Agreement and
constitutes the entire agreement of the parties regarding
their business relationship.
- Severability. If, under any applicable and binding
law or rule of any applicable jurisdiction, any provision
of the Agreement, including these Rules and Regulations,
or any specification, standard or operating procedure
which ISSA has prescribed is held to be invalid or unenforceable,
ISSA shall have the right to modify the invalid or
unenforceable provision, specification, standard or
operating procedure or any portion thereof to the extent
required to be valid and enforceable. The associate
shall be bound by any such modification. The modification
will be effective only in the jurisdiction in which
it is required.
- Limitation of Damages. To the extent permitted
by law, ISSA and its affiliates, officers, directors,
employees and other representatives shall not be liable
for, and the Representative hereby release the foregoing
from, and waives any claim for loss of profit, incidental,
special, consequential or exemplary damages which may
arise out of any claim whatsoever relating to ISSA performance,
non-performance, act of omission with respect to the business
relationship or other matters between the Representative
and ISSA whether sounding in contract, tort or strict
liability. Furthermore, it is agreed that any damage to
the Representative shall not exceed, and is hereby expressly
limited to, the amount of unsold ISSA products or services
owned by the Representative and commissions owed.