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Policies and
Procedures
THE INDEPENDENT
MEMBER / RESEARCHER (REFERRED TO AS "I",
"YOU", OR "MEMBER") AGREES WITH ADVANCED
SCIENTIFIC HEALTH (ASH) AS FOLLOWS:
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All Members must
be of legal age in the state/province/land of their
residency or must be in partnership with a parent or legal
guardian.
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No Member shall
represent that they have any employment relationship with
ASH, the Board of Founders, or their Sponsor. They may only
refer to themselves as an independent business person and
may not use any other words or descriptive terms which would
imply any other relationship.
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Members may not
represent to anyone that they can offer any exclusive
franchises or protected territories.
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Members shall
NOT solicit, sell, advertise, or promote any other product,
service, wares or business opportunity of any kind either
directly or indirectly to any other Member he/she does not
personally sponsor other than to those approved by ASH.
Customer names and/or Member lists shall remain at all times
the property of ASH and may NOT be used for any commercial
purpose without prior written consent from ASH. Violation of
this rule may result in the immediate termination of a
Membership and loss of all rights and privileges. ASH shall
have the right to injunctive relief to enforce this
provision without the necessity of proving damage.
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Members shall
not state, infer or imply, claim or guarantee that any
specific profit or success whatsoever may be earned solely
by sponsoring other new Members.
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No Member shall
enter into any agreement of any kind with any person,
company or firm offering a discount or advantage of any
nature for any Member and/or for the ASH for any product or
service, nor promote such to any other Member without the
express written consent from ASH.
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All Members
shall be responsible for any and all municipal, provincial,
state and/or federal rules and regulations pertaining to
his/her business activity and at Member’s own expense,
execute and file any and all reports and obtain any and all
licenses as may be required by law with respect to
advertising or marketing Memberships for ASH. Also, all
Members shall be solely responsible for maintaining all own
records of revenue and expenses and report same to
authorities at own expense as may be required by law. It is
agreed and understood that ASH shall not be responsible for
any expenses incurred by Members.
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All Members
shall hold harmless his/her sponsor, the Board of Founders
and ASH from all claims for damages or liabilities
whatsoever which may result from any actions or omissions as
an independent Member in connection with the operation of
his/her business activities.
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All Members
shall only use marketing methods, materials, and supplies
approved by ASH.
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All Members
shall NOT use any trade name, trade mark or any proprietary
copyright owned by ASH other than officially released
material provided by ASH. Members shall NOT print, have
printed or reproduced (including digital or photo copy) any
copyright literature or merchandise of ASH or use any
printed material or promotional giveaway items without prior
written consent from ASH.
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The use of all
advertising including, but not limited to, classified
newspaper ads, email, promotional materials, hand bills,
electronic communication, voice mail, teleconference and/or
any other media exposure requires the advance approval in
writing from ASH.
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In the event
that a Member agreement is terminated or in-validated for
any reason, the Member agrees not to use any customer lists
and/or Member names of ASH and/or contacts that may have
been gained while a Member to promote the sale of any other
product and/or service to them for a period of twelve (12)
months from the date of termination and grants ASH the right
to injunctive relief for any breach of this obligation.
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Sending an email
using any combination: Advanced Scientific Health,
advancedscientifichealth.com, your ASH Member ID Number
(Guest Number), or any Advanced Scientific Health web site
addresses to anyone who has not requested information from
you first is considered spam or spamming and is not
tolerated.
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Sending any
email with the name Advanced Scientific Health,
advancedscientifichealth.com, any Advanced Scientific Health
web site addresses or including your ASH Member ID Number
(Guest Number) to any “lead” or “prospect” before
you have received a request for more information from them
first is considered spam or spamming and is not tolerated.
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Make this your
General Rule: Never send an email to a prospect you cannot
prove is Opt-in. If you are pursuing an opt-in advertising
list, it still may generate a complaint. Always design
your emails in such a way to always get your prospect to
respond for more information first. Only then supply
your inquiry with the ASH Web Addresses and ASH Member ID
Number (Guest Number).
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As a visitor to
ASH's website, you are anonymous to the company. Like many
other
commercial websites, ASH may use a standard technology
called a "cookie" that measures the number of
visitors to the different sections of the website. Cookies
are designed, generally, to collect and store the name of
the domain from which you access the Internet (e.g., aol.com,
if you are connecting from an American Online account), the
date and time you access ASH's site, and the Internet
address of the website from which you linked directly to
ASH's site. ASH uses the information collected by cookies to
improve its site and make it more useful to visitors. ASH's
cookies do not collect personal information.
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Sometimes ASH
may ask you to provide specific information about you when
you sign up to use a service, like when you become a Member.
In this case, ASH needs certain information, such as name,
e-mail address, shipping address, telephone, etc., in order
to provide that service or product to you. When obtaining
information from you, ASH will ask for only the information
we need to provide the service or product you have
requested. You may rest assured that ASH will never misuse
the information you provide us. Moreover, ASH will attempt
to keep your information complete, up-to-date, and accurate.
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Where permitted
by applicable law, ASH may provide your personal information
to certain third parties. For example, ASH may give your
personal information to its authorized employees, directors,
and managers to help the company develop internal reports,
plan and facilitate meetings and training, and administer
Member benefits. ASH may also provide your personal
information to agents, contractors, suppliers, or vendors
that offer administrative, advertising, printing, or other
services to ASH for the benefit of its Members. Finally, ASH
may disclose your personal information to government
agencies or regulatory authorities. Of course, ASH will
never reveal your personal information to any third party
without your prior knowledge and consent, unless the company
is required to do so by law.
Terms and
Condtions
THE INDEPENDENT
MEMBER / RESEARCHER (REFERRED TO AS "I",
"YOU", OR "MEMBER") AGREES WITH ADVANCED
SCIENTIFIC HEALTH (ASH) AS FOLLOWS:
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I agree to
become an ASH Member/Researcher of Advanced Scientific
Health (ASH). I am taking responsibility for my health
and am actively seeking additional information and
resources. I have reviewed information coming from the
mainstream medical community and although orthodox medicine
addresses disease, symptoms and treatments for disease, it
has not yet provided me information as to how the body works
at the cellular level.
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I feel it is my
right and my responsibility to learn more about how I may be
able to improve my health for the future.
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I understand
that as an ASH Member/Researcher I will have resources
available that will assist me in furthering my personal
education. These include Live Support calls, an ASH personal
website with links and referrals for study and a variety of
outreach programs to help others. I also understand that I
will be issued a personal researcher number that will allow
me to purchase the simple protocols, designed and formulated
according to scientific findings, at Lab Cost.
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I declare that I
am an Independent Member/Researcher and neither myself nor
other ASH Member/Researchers diagnose, prescribe or
recommend treatments for disease. It is my responsibility to
review the Scientific Facts for myself.
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DISCLAIMER: The
information available through ASH is for educational
purposes only, and not intended to replace the orthodox
physician-patient relationship. If you are sick, you are
advised to consult a physician, and together, along with
your newly gained knowledge, work toward the resolution of
your illness.
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I understand the
nature of the ASH Compensation Plan and the overall nature
of ASH with regards to offering commissions and incentives
to me for the sales of ASH Memberships.
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I agree and
understand that participation in the ASH Compensation Plan
is completely voluntary.
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I agree and
understand that no commissions or incentives will be paid
until ASH receives my completed original, signed ASH
Compensation Plan Participation Form.
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I understand
that in order to receive commission or bonus checks I must
achieve the requirements described in the ASH Compensation
Plan that I have read. There are no guarantees of
earnings. There are no guarantees of success and I
acknowledge that I understand that the only means of earning
a commission or bonus check will come hard work and my own
individual efforts. Commissions and bonuses are only earned
on the sales of ASH Membership and ASH Membership Renewals.
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I have read the
ASH Policies and Procedures, the ASH Compensation Plan and
this Agreement and I agree to adhere to them. I
acknowledge that any violation of the terms of this
Agreement, the ASH Policies and Procedures or ASH
Compensation Plan, which are incorporated into my overall
membership agreement, may result in the termination of my
membership and the loss of any commissions, bonuses and
placement within the ASH Compensation Plan; or other
disciplinary action as deemed appropriate by ASH.
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I agree to
submit in writing any ASH related dispute or grievance to
the ASH Founders Committee for mediation within ten (10)
days of the incident. If mediation does not solve the
matter, then the matter is to be submitted to binding
arbitration pursuant to the American Arbitration Rules as
described in Utah Code Annotated 78-31(a)-1 et seq.
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I agree not to
use proprietary trade names and trademarks of ASH without
prior written consent from ASH and will not advertise using
ASH names, logos, or trademarks. I will not send unsolicited
e-mail, bulk mail through the Internet or I will have my
Website and Internet rights immediately terminated.
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I agree that I
will make no statements, claims, representations or
warranties respecting ASH, which are not contained in
official ASH promotional and sales materials produced and
distributed by ASH.
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I agree that ASH
has proprietary rights to its products, network, computers,
websites and lists of names, customers and members. I
will not utilize such information or other ASH contacts to
promote the use of any products or services, other than
those offered through ASH to any ASH Member or customer.
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I certify under
penalties of law that any Social Security Number, Tax ID
Number or SIN Number is my correct tax payer identification
number. I further certify that as an independent
contractor, I will comply with and pay pursuant to all
income tax laws and regulations of any country in which I or
my company does business. I shall indemnify and hold
ASH harmless from any and all obligations which may arise
from my failure to adhere to these policies and laws.
Further as an independent contractor (not an employee or
franchise), I am free to set my own hours and determine my
own business location, methods of selling, and doing
business within the guidelines of this agreement, the ASH
Policies and Procedures and any additional documents
incorporated to this agreement by ASH.
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Change of
original sponsor will only by permitted within the preceding
14 days following the start date of the membership in
question. A sponsor change request form must by completed
and sent to ASH Headquarters: 4439 Covecrest Drive, Salt
Lake City, Utah 84124, for processing post dated within this
time period. Commissions paid to the original sponsor
will not be charged back nor paid to the new sponsor if the
period bonus processing takes place before the sponsorship
change can be effected.
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I understand
that on any unopened products I elect to return to ASH
pursuant to its return policies shall be subject to a 20%
restocking fee.
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TERMINATION. A
Member who wishes to terminate this agreement should submit
written notification of intent to terminate their membership
including Member Name, ID and phone number for verification
to ASH Headquarters:4439 Covecrest Drive, Salt Lake City,
Utah 84124. Requested terminations will be effective 10 days
following the post date of the received cancellation notice
letter or post card. I may cancel this membership agreement
at any time by following the procedure outlined above.
ASH may terminate this agreement and my participation in the
ASH Compensation Plan at any time, if at any time, and at
ASH's election, it believes that I may damage the integrity
of ASH and its various programs relating to product systems
and the ASH Compensation Plan. This election by ASH
may be accomplished by supplying me written notice.
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MODIFICATION.
The ASH Membership Agreement along with the ASH Compensation
Plan and ASH Policies and Procedures may be modified from
time to time to meet legal requirements and changes in ASH's
economic conditions. ASH agrees to give thirty (30)
days notice of any such modification, which may be provided
on the internet via the ASH corporate website (located at http://www.advancedscientifichealth.com).
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ASSIGNMENT. This
agreement and your Membership may not be terminated or
otherwise assigned or transferred without prior written
consent of ASH. Upon the death of an individual
Member, the Membership benefits and responsibilities shall
pass to his successors upon written application and approval
by ASH. Without obtaining this approval, any purported
transfers, rights, and benefits shall be null and voidable
by ASH.
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GOVERNING LAW.
The place of origin of this agreement is the state of Utah
and it shall be governed in accordance with the laws of the
state of Utah. The courts of Utah shall be the forum
for the resolution of any disputes arising hereunder,
subject to mediation and binding arbitration being first
pursued in the event of dispute as described above.
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ENTIRE
AGREEMENT. This is an integrated agreement which
includes terms and conditions found in ASH Policies and
Procedures, the ASH Compensation Plan, and applicable
supplementary materials for any optional program offered by
ASH.
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REPRESENTATIONS.
I understand that I am not required to participate in the
ASH Compensation Plan. I understand that if I do
participated in the ASH Compensation Plan that I will
represent the ASH Compensation Plan fairly and completely,
emphasizing that earned commissions are based solely on
Membership Sales and Membership renewals and that no ASH
Member is obligated to purchase products or services offered
by ASH to obtain any level of compensation or in order to
maintain Membership active status. I further represent
that no earnings levels are guaranteed from participation in
the ASH Compensation Plan. I agree that I will not
make any representations about the actual, potential, or
expected earnings of any Member or ASH.
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INITIAL
PURCHASE. I understand that I am not required to make any
product purchase in order to become a Member nor am I
required to make any product purchase in order to
participate in the ASH Compensation Plan. I understand that
I am only required to pay a New Member Application and
Processing Fee and the first months membership dues. I am
not required to maintain an inventory of any kind. I
understand that the New Member Application and Processing
Fee and supporting New Member Kit does not include any ASH
products.
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No regulatory
agency ever endorses any company or compensation plan and I
shall make no such claim to anyone.
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I understand
that any obscene or pornographic material or products
disseminated on the internet or through my Member Website is
strictly prohibited and subjects any Member to immediate
termination without notice.
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Bulk marketing
on the internet of unsolicited e-mail is strictly
prohibited.
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Checking the box
indicating I have read and accepted the terms and conditions
indicates acceptance in place of a written signature of all
ruling documents including but not restricted to the ASH
Terms and Conditions, ASH Policies and Procedures and ASH
Compensation Plan, the terms of which, by this reference,
are fully incorporated in this agreement, and are complete
and accurate.
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LEGAL AGE.
Applicants must be of legal age in their state of residence.
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I understand
that I cannot make any claims against ASH, or its
affiliates, officers, founders, members, associates, agents,
and successors for any conduct or contact on the internet
relating to potential damage claims by me for slander,
personal injury or the like.
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ASH is not
liable for any invasion or entry into the administration
indemnification and password process for me resulting in
losses to me. I am responsible to retain confidential
my own password for security purposes.
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I hereby agree
to maintain sufficient funds or credit in my account(s) to
cover my monthly membership charges, which shall be charged
by ASH. In addition I hereby authorize and request ASH
to effect payment for such amounts as they become due by
initiating and transmitting charges to my designated Visa or
Mastercard account. If not timely paid, I agree that
my Membership may be suspended or terminated.
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I shall
indemnify and hold ASH harmless from any and all damages and
liability which may arise from the transmittal and
presentment of a charge to my account(s) for its reasonable
inability to timely or adequately honor my charges as they
incur.
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