TASLY/NASKY STANDARD TERMS AND CONDITIONS

The following items are designed to promote harmony and preserve the benefits, rights, and privileges of Tasly/Nasky independent distributors and are not meant to restrict or limit their businesses.

Tasly/Nasky independent distributor is required to familiarise his self/herself with the terms and conditions.

Tasly/Nasky will from time to time, issue circulars and memorandum to inform independent distributor of any change, amendment, or addition.

Each independent distributor, by signing the independent distributor application form, expressly agree to abide and be bound by the terms and conditions.

Any member who fails to observe the terms and conditions will not plead ignorance to the terms and conditions

Independent distributor=ID

Tasly/Nasky=Tasly/Nasky

INTERPRETATION

1)”bonus” means –bonus paid by Tasly/Nasky on own purchases or bonus on down-line purchases paid to ID in terms of Tasly/Nasky marketing plan.

2)”clients” means – an individual who has purchased any product(s) made available from Tasly/Nasky.

3) “Corporatematerials” means –any official Tasly/Nasky and/documentation, which contain the Tasly/Naskylogo, published and amended from time to time.

4) “GBV” means –group business volume including VAT – accumulates every month.

5)”independent distributor” means –an individual whose application for membership with Tasly/Nasky as an ID has formally been approved by Tasly/Nasky: who has been issued with a unique membership number and paid the membership fee. An ID will only have active status and thereby be entitled to benefit under the Tasly/Nasky marketing plan if he meets the minimum PBV and GBV as amended from time to time.

6) “Independent distributor’s organisation” means- those individuals who have been issued with a unique membership number and who have been referred to Tasly/Nasky by the ID ,or by any other ID originally referred to Tasly/Nasky by the ID or by any other number in terms of the Tasly/Nasky marketing plan.

7) “Marketing plan” means –the official method of compensation used by Tasly/Nasky to generate rebates and bonuses for ID’s.

8)”membership number” means-the unique number issued by Tasly/Nasky to an individual accepted as an ID.

9)”PBV”means- personal business volume excluding VAT-monthly purchases.

“Product” means-product(s) made available from time to time by Tasly/Nasky.

10)”Tasly/Nasky logo”means-such logo as Tasly/Nasky may have from time to time.

 

A. RELATIONSHIP BETWEEN TASLY/NASKY AND THE ID

1) The independent distributor, as an independent contractor, is responsible for the expenses incurred by him in running his business including income tax, value added tax and unemployment insurance fund contributions (if applicable) on demand.

2) The independent distributor will notify Tasly/Nasky immediately if he registers or deregisters for VAT and will indemnify Tasly/Nasky against any loss, which results from his failing to do so. He will provide Tasly/Nasky with a copy of his VAT registration Certificate (if applicable) on demand.

3) An independent distributor is not an employee, agent or franchisee of Tasly/Nasky and the independent distributor agrees that he/she has no authority to bind Tasly/Nasky or negotiate any liabilities on its behalf and will notpurport to do so.

4) The ID is an independent contractor and is self-employed. In addition and for the avoidance of doubt, the term “ID” does not create express or implied partnership, nor do any of the tittle used in the Tasly/Nasky marketing plan.

5)should an independent distributor misinterpret his relationship with Tasly/Naskyand any adverse matter or action arises either directly or indirectly from such misinterpretation, the ID agrees to indemnify Tasly/Nasky for any losses which he/she suffers.

6) the independent distributor can work such hours as he/she chooses to work and carry out any other  activities except as set out in this agreement in addition to his activities as an independent distributor.

7) The independent distributor is entitled to arrange for such assistance in the conduction of his/her business as he/she chooses and is responsible for the expense of engaging any other person to assist in his business. If the independent distributor delegates the performance of any of his/her obligations under his agreement, this does not relieve the independent network distributor of such obligations and liabilities under this agreement and the independent distributor  agrees to indemnify Tasly/Nasky against any liability arising out of the acts or omission of a delegate.

8) The independent distributor must be at least eighteen (18) years of age. A new independent distributor who has a close family relationship (such as husband and wife) with an existing independent distributor should only be sponsored by the existing ID not by any other ID.

B. MEMBERSHIP NUMBER

Upon acceptance of a successful application, Tasly/Nasky will issue each new distributor with a unique membership number, which must be used and recorded in all correspondence with Tasly/Nasky or upon sponsorship of any new independent distributor. Tasly/Nasky independent distributor is only available to natural persons.

C. TASLY/NASKY RIGHTS AND OBLIGATIONS

TASLY/NASKY may be in its sole discretion:

1) Accept or reject any application to become an independent distributor and/or client.

2) Request proof of ownership (for example, a copy of a Tasly/Nasky invoice) for any Tasly/Nasky product(s) or corporate materials that have been returned to Tasly/Nasky by the independent distributor.

3) Tasly/Nasky will from time to time provide the independent distributor with up to date information on the product(s) and corporate materials and provide all necessary documentation pertaining to the products.

D.INDEPENDENT DISTRIBUTORS OBLIGATION

1) The compensation for the referral and/or selling of the Tasly/Nasky products will be in accordance with this agreement and the terms and conditions of the Tasly/Nasky marketing plan.

2) To comply with the rules set out in Tasly/Nasky “terms and conditions” as amended by Tasly/Nasky from time to time.

3)he/she will use the Tasly/Nasky corporate material in all presentations and/or events and/or gatherings initiated by him or her for the purpose of promoting and/or selling /referring the Tasly/Nasky opportunity and/or product(s) to prospective clients and/or prospective independent distributors.

4) Subject to clause C3, the use of media advertising of the Tasly/Nasky products and/or independent distributorship is expressly prohibited. Media advertising includes, but is not limited to brochures pamphlets, flyers, billboards, internet, magazines, newspaper, televisions and radio.

5) He shall conduct his business in lawful, ethical and honest manner and do nothing which will reflect adversely on the goodwill or reputation of Tasly/Nasky, its products or other independent distributors.

6)He/she will not use any misleading, deceptive or unfair recruiting method.

7) He/she shall will present the Tasly/Nasky opportunity and product(s) to prospective Tasly/Nasky ID’s and clients in trustful and sincere manner and shall accept the training and ongoing support responsibilities of a sponsor, which are in place from time to time. He/she shall send to Tasly/Nasky at its address stated in this agreement payment advance for all product(s) ordered and/or any other money due to Tasly/Nasky by method accepted by Tasly/Nasky.

8) For the benefit of his business and for the benefit of clients and/or independent distributor, an event or gathering should create an environment where he can focus his attention on a small group of people. For this reason the independent distributor agrees that he should not hold an event for more than ten (10) individuals without prior approval and accreditation from Tasly/Nasky.

9) No payments are due and no benefits are received through sponsoring independent distributors and no compensation is guaranteed from mere participation of Tasly/Nasky marketing opportunity. The independent distributors acknowledges that Tasly/Nasky has not made any claims of guaranteed profits or representations of anticipated profits that may result from an independent distributor efforts. The independent distributor acknowledges that success of an independent distributor comes from selling the Tasly/Nasky product(s) and the development of and independent distributor organisation.

10) The names, address and contact details of Tasly/Nasky client and/or distributors and other information provided for him relating to his organization are Tasly/Nasky’s confidential proprietary information, and may only be used by him for the purpose of his business as a Tasly/Nasky independent distributor. It is the independent distributor‘s duty to know that information Act governs all information pertaining to the names, addresses, etc.

11) The independent distributor shall not make any claim that any regulatory authority approves or endorses any Tasly/Nasky products and/or Tasly/Nasky marketing methods.

12) The independent distributor shall not make any claim that any of the Tasly/Nasky product(s) cure any illness, disease or ailment.

13) Theindependent distributor shall abide by all applicable laws and regulations relating to this agreement.

E. MEDIA

In case a distributor is not active for 6 consecutive months, their membership will automatically be cancelled.

F. USE OF THE TASLY/NASKY NAME

The independent distributor acknowledges that any registered trademark, logo of Tasly/Nasky and any of Tasly/Nasky materials in their original and unaltered form only and any use must be for the purpose of the Tasly/Nasky business and in accordance with the terms of this agreement only. The independent distributor is prohibited from usingany of the Tasly/Nasky trade mark, brand and trade names in advertising or literature either electronic or printed.

G. REPRESENTATIONS

If Tasly/Nasky becomes aware that an independent distributor is making any false, inaccurate or misleading representation or claims as to any potential or future expected earnings, incentive to any prospective independent distributors, or any claims as cures to ailments, diseases, sickness etc. to prospective customers/clients regarding any of the products, it shall be deemed to constitute a material breach of this agreement and Tasly/Nasky shall be entitled to terminate this agreement immediately via written notice. This is without prejudice to any other remedies, which may be available to Tasly/Nasky bylaw.

H. REBATES/EARNINGS and BONUSES

Tasly/Nasky undertakes to credit all rebates, earnings and bonuses due to the independent distributor as set out in the Tasly/Nasky marketing plan which may be amended from time to time. The ID agrees that Tasly/Nasky may recover any earnings/ rebates or bonuses due including VAT (where applicable) in respect of the products which have been paid for and/or returned to the Tasly/Nasky if Tasly/Nasky has refunded money due to the relevant ID in respect to such unpaid and/or returned products, and also recover any rebates, earning or bonuses(including VAT where applicable) in respect of product purchased by or supplied to the ID and/or clients and/or IDs in the independent distributor’s organisation and not paid by the ID and/or clients and/or IDs in the organization, and reclaim payment of rebates, earnings or bonuses within thirty(30) days of the payment of such rebates.

I. MONTHLY ADMINISRATION FEE

A monthly administration fee of five cents (5c) for each Product purchased in each and every ID’s organisation will be deducted automatically on a monthly basis from the ID’s Rebates/earnings. This amount will be reviewed periodically and the ID will be informed of the changes.

J.NOTICE

Any notice(s) which Tasly/Nasky wishes to send to the ID, will be sent to the ID’s last knowaddress as reflected on the Tasly/Nasky computer system. Any notices which the ID wishes to send to Tasly/Nasky should be sent to its adresse set out in the agreement.

K.RESTRICTIONS

The ID maybeinvolved in other businesses. The independentdistributorhoweveragreesthathewill not market or otherwisepromoteanyother program, businesses, business oppotunity, or the sale of anygoods or services or encourage, persuade or recruitanypersonswhois a Tasly/Naskyindependentdistributor to market or sellproducts of anyothercompany. The ID shall not seek to  persuade anyother ID(s) to terminatetheir position withTasly/Nasky or to becomeless active as an ID(s).

L. AMENDEMENTS

The ID acknoledgesthatitis for the mutualbenefit of him/her and his organisation thatTasly/Naskycorporatematerialsreflect the pracxtice of Tasly/Nasky. To enable the ID to enhance and protecthisreputation , Tasly/Nasky has the right to change the provisions of this agreement at any time with a written notice to the ID at least thirty(30)days in advance changes by Tasly/Nasky to thisagreemement, in accordncewiththis clause, maybe notified by any reasonablemeans, www.naskyafrica.com

M.USE OF THE INDEPENDENT DISTRIBUTOR’S INFORMATION

The ID agreesthatany information supplied by the IDwillbeheld and processed by Tasly/Nasky and/or agents performingfunctions on itsbehslf and thatthis information maybedisclosed to third parties including organisations outside the republic of southafricawithwhichTasly/Naskyisassociated for legitimate business purposesincluding marketing and promotionalactivities. The ID agrees to the use of his information.

N.LIMITATIONS

No Tasly/Nasky ID  his/hernomineee or anyotherlegalentity in which the ID or his/hernominee has any direct or indirect interestmaybe direct or indirect beneficiary in the Tasly/Nasky program more than once. Any ID participating in or assisting a non-ID in benefitingeitheirdirectly or indirectly or in anymannerparticipating in any arrangements or shemewhatsoeveris liable to have that ID agreemantsummarilyterminated by Tasly/Nasky.

O.SALE OR ASSIGNMENT OF ID’S ORGANIZATION

An ID mayonlysell,tansfer or dominatehisindependentdistributorship, subject to application by the proposed new ID and acceptance by Tasly/Nasky (whichshallbe at Tasly/Nasky’s sole discretion) of the new independentdistributor.

P. DECEASED ID

Upon the death of an ID, anyrebates, earnings, bonusesaccrued by the date of deathshallbeheld for the benefit of the deceased ID. In the absence of a testamentarybeneficiary, the Tasly/Nasky ‘’rolling’’ procedureswillbeprovoked, or Tasly/Naskymay at its sole discretion appoint a new ID. Tasly/Nasky howeverreserves the unfettereddiscretion to approveanynweowner.

Q. INTERNATIONAL OPPOTUNITIES

For  international information, please call Tasly/Nasky client service.

R. TERMINATION OF INDEPENDENT DISTRIBUTORSHIP

1) The ID has the right to terminatehisappointment at anytime. He/she must do so in writing. The effective date is the date on which Tasly/Nasky accepts and confirms the terminationrequest.

2) Tasly/Nasky mayterminate the appointment of an independentdistributorimmediately, withoutliability by giving the independentdistributor a written notice thirty (30) daysin advance to thateffect to the  ID’s last known postal adress as reflected on the Tasly/Nasky computer system. In thisinsitance the Tasly/Nasky ‘’Rolling’’procedurewillautomaticallybeinvoked.

3) If the ID returns to Tasly/Nasky (at itsadress set out in this agreement)anyproductshe has purhasedwithin  7 days, Tasly/Nasky willgivehim full refund for themprovidedthatthey are returned in the condition in whichtheyweresupplied to the ID.

4) Tasly/Nasky shallbeentitled to terminate the appointment of the ID immediately, withoutliability, if the ID breaks any of the terms of this agreement shallprecludeTasly/Nasky from seekingotherremediesagainst the ID, including but not limited to, damage suffered by Tasly/Nasky as a result of anybreach of the agreement or otherconductdetrimental to Tasly/Nasky and itsinterests, purposes and goals.

5)misinterpretation as to the use and/or benefits of Tasly/Naskyproducts, or whatpersonmayearn as a Tasly/Nasky ID.

6) Participating in anyscheme, device or othermeansused to discourageanother Tasly/Nasky ID from purchasingproductsfrom Tasly/Nasky for the purpose of respondingsuch ID.

7)engagging in activitiesthatinvolve the soliciting of anypersonwhom an ID knows, or underr the circumstances,should have known, is a ID, to sellotherproducts of any nature, by or throughanother Direct sellingmethods, or attempting to build or establish a business detrimental to or be at the expense of otherqualified ID, their groups, or Tasly/Nasky.

8) Using or knowinglyteachingother ID to use unethical, illegal, unlawful or improperways to do so Tasly/Nasky business.

S.CONSEQUENCES OF TERMINATION

In the eventthatthis Agreement expires or isterminated for anyreason, the ID’sagreesthathewillimmediately :

a)      Cease to representhimself/herself as a Tasly/Nasky ID.

b)      Cease to refer and/or sell Tasly/Nasky product(s) to prospective clients or IDs

c)      Return toTasly/Nasky all corporatematerialsincludingadvertisingmaterials, bronchures, samples or othermaterialspertaining to the product and,

d)      Complywith all applicable provisions of this agreement.

e)      Tasly/Nasky reserves the right to ensurecontinued service to clients and/or IDswithin the IDs Organisation.

f)       Once an ID’sappointment has been terminated(either by the ID or by Tasly/Nasky), hewillonlybeeligible to re-apply to become an ID through a different sponsor or ID aftertwelve (12)months has elapsed from the effective date of resignation.

T.STOCK ORDERING AND PAYMENT

Stock purchase ;

1)      All IDsmaypurchasetheir stock at Tasly/Nasky Africa HQ or Stores.

2)      Purchase of stock willonlybeaccepted if ID producesher/hisvalidMemberCard.

3)      ID shouldinsist on taking the purchase copy of the orderformwhenmaking a purchase.

4)      4) ID is to check all the purchasesupon the copy of orderformwith the store immediately for anydiscrepancy in conditions or in quantities.

Payment

1)    Payment for the stock purchaseisstrictly in cash or banktransfer

2)    All payment for purchase must becleared and settled by the last business day of everymotnhwhichis 25th of everymonth

Stock exchange and Return

1)    As a policy of the company, stock purchasedcould not bereturned in order to refund cash

2)    Stock mayonlybereturned to exchange for another stock of the same value or higher value. If the stock replacedis of higher value, ID must pay the difference in cash.

3)    Stock maybereturnedwith the copy of purchaseformwithin 3 months’ time.

4)    All stocks returned must remain in good condition.

5)    5% administrative feesbased on ehdistributorprice of the stocks shallbechargedbefore 25th of everymonthotherwise the bonus paid out willbededucted from the value of the stocks.

Closing sales

1)    The closing sales date for all IDs at the HQ and at the stores is 25th of everymonth.

2)    All application forms and otherorderformsshouldbesubmitted to the HQ no laterthan of everymonth.

3)    Failure to do so the companycouldbringforward the forms as sales for the followingmonth.

4)    All stocks returned must remain in good condition.

5)    5% administrative feesbased on the Distributor Price of the stocks shallbechargedbefore 25th of everymonthotherwise the bonus paid out willbededucted from the value of the stocks.

Closing sale

1)    The closing sales date for all IDs at the HQ and at the Stores is 25th of everymonth.

2)    All application formsshouldbesubmitted to the HQ not laterthan 30th of everymonth.

3)    Failure to do so the companycouldbringforward the forms as sales for the followingmonth.

U. Communication

In order to best serve the interest of Managers and ID, and in order to keepeveryonecurrent on Companyactivities and policies, Tasly/Nasky has set up Support Center. ID with question shouldaddresssuchconcern to the Support Center.