Terms and Conditions of Autoship
By creating an autoship order, you authorize ViSalus Sciences to bill the credit card on file and ship the products of your choice each month on the selected date. Orders set for weekends or holidays may be processed up to three (3) business days prior to the selected autoship date. There are no minimum commitments and order changes or cancellations can be made through your ViSalus Back Office or by calling ViSalus Customer Relations and must be received at least five (5) days prior to the shipment date. Changes made during or after the five (5) day period may not take effect until the following month.
ViSalus Product Return Policy
ViSalus stands behind all of its product offerings and will accept a return of products that are not to our customer’s satisfaction including products which the customer cannot utilize due to medical reasons using the following guidelines:
- Exchanges for the same product will be made for products that may have been damaged in transit.
- Products which have been purchased for the first time and don’t meet our customer’s satisfaction can be returned within 30 days of delivery for a full refund less shipping and handling.
- Returns of all other product must be made within 30 days of delivery of product orders in order to receive a refund for the value of the saleable product returned.
- Returns of all salable products made more than 30 days from the delivery date will be eligible for product credit towards other ViSalus products and are subject to a 10% restocking fee.
- Packages returned due to unsuccessful deliveries (i.e. 3 delivery attempts, customer moved, customer gave
incorrect or incomplete address) may be subject to additional shipping and handling charges to have the product resent.
- Commissions of any type that are paid to Distributors on products that are ultimately returned to ViSalus for
refund will be deducted from future Commission payments.
ViSalus ESS and Business Opportunity Return Policy
An Independent Distributor who cancels their Distributorship within 30 days of enrollment may return unused products from the Executive Success System which are unopened and in resalable condition. A refund will be issued for the value of the Business Opportunity ($49) and the value of unused and saleable products up to $450. If the value of the returned product exceeds 50% of the product value originally received, the Fast Start Bonus received by Distributors on said sale will be deducted from future commissions owed to those same Distributors.
If an Independent Distributor cancels their Distributorship within their first year but more than 30 days after their
enrollment date, the same guidelines apply however returned, saleable products will result in a product credit equal to
the discounted value of those products (up to $450) rather than a refund and will be subject to a restocking fee.
A Return Pre-Authorization Number is necessary for a return to be processed. The Customer or Distributor is required to contact ViSalus to obtain a Pre-Authorization Number. This number must be written on the Refund Authorization Form that is to be sent back to ViSalus with the returned product in order for the return to be processed. If a package is returned without a Return Pre-Authorization Number, the information will be documented and the Customer or Distributor will be required to call and provide further information as to why the package was returned. Unauthorized credits will not be issued when a packaged is returned.
By joining ViSalus™ these are the Terms you have agreed to. Refer to the Policies and Procedures for detailed information.
- I acknowledge that I am of legal age to enter into this Agreement.
- I understand and acknowledge that this Agreement is not binding until received and accepted by VISALUS.
- I agree that as a Distributor, I am responsible for determining my own business activities and that I am not an agent, employee or legal representative of VISALUS. I am responsible for the payment of all federal and state employment taxes and any other tax required under any federal, state or regulatory law. In the event that I fail to provide VISALUS a valid Social Security Number or employer identification number, VISALUS may withhold commissions due to me until a valid number is provided.
- I understand that I am not being sold a franchise or business opportunity.
- I may terminate this Agreement for any reason, at any time, by giving VISALUS prior written notice. VISALUS may terminate this Agreement in writing upon violation of policies and procedures or in the event I violate any part of this Agreement. In such event, no further commissions will be paid by VISALUS. To terminate this Agreement, I must mail or deliver personally to VISALUS, a signed, dated written notice of cancellation sent to: ViSalus Sciences, 340 E. Big Beaver Rd, Suite 440, Troy, Michigan 48083.
- I agree that as a VISALUS Distributor, I shall place primary emphasis upon the sale of Products and Services to non-distributor consumers as a condition of my receipt of commissions. Commissions I receive will be based upon fulfilling certain terms of qualification as set forth by the Marketing Program and Compensation Plans as may be amended from time to time. A three ($3.00) Dollar processing fee will apply to all payments.
- I agree to keep accurate records and to abide by all federal, state, and local laws and regulations governing the sale or solicitation of the products and services marketed by VISALUS including, but not limited to, any and all permits and licenses required to perform under this Agreement.
- I understand that no attorney general or other regulatory authority ever reviews, endorses, or approves any product, subscription, compensation program or company, and I will make no such claim to others.
- I understand that a $25 Administration Fee will be charged annually to my credit card on file with ViSalus. This fee is for services, which include, but are not limited to, downline reporting, customer tracking and accounting services. The Administration Fee will be charged in the month of my enrollment anniversary and if not paid will result in my Distributorship being placed on Financial Hold for up to 120 days. If the Administration Fee remains unpaid 120 days after it was due, my Distributorship willbe terminated and I will forfeit any commissions that were held since the time I was placed on Financial Hold. If my Distributorship is terminated, I understand that I must re-enroll as a brand new Distributor and will not be placed back in my original spot if I wish to pursue the ViSalus opportunity.
- I agree that VISALUS shall not be liable under any circumstances for any damage or loss of any kind, including indirect, special, punitive, compensatory, or consequential damages, losses or profits which may result from any cause, including but not limited to, breach of warranty, delay, act, error or omission of VISALUS, or in the event of discontinuation or modification of a product or service offered by VISALUS.
- VISALUS shall periodically make sales literature and/or promotional materials available. However, I am under no obligation to purchase any materials or literature at any time. Refunds shall not be allowed under any circumstances, including, but not limited to, termination of this Agreement, obsolescence of such sales literature or promotional materials, or any other reason. Except as specified in paragraph 24.
- I agree that as a Distributor, this Agreement grants me the limited authority to promote and sell the products VISALUS markets subject to the terms and conditions established by VISALUS from time to time.
- I will not make any false or misleading statements about VISALUS or its marketing program. I agree that I will operate in a lawful, ethical and moral manner and will not engage in or perform any misleading, deceptive or unethical practices. In the event I violate any of these conditions, my position may be terminated without further payment or compensation of any kind.
- I acknowledge that I am responsible for supervising and supporting Distributors I sponsor into the program and in my commissionable network. I agree to maintain monthly communication and support to those individuals in my commissionable network through written or verbal communication and attendance at meetings.
- I acknowledge that VISALUS expressly reserves all proprietary rights to the company name, logo, trademarks, service marks (“Proprietary Marks”) and copyrighted materials. I understand, acknowledge and agree that any monies which I pay VISALUS are in consideration of my receiving a non-exclusive license, during the term of this Agreement to use the Proprietary Marks of VISALUS in conjunction with the marketing program provided to me. I further agree that I will not use VISALUS’s Proprietary Marks in any form whatsoever except as permitted in writing by VISALUS or in advertising or promotion materials provided, designed or published by VISALUS. I understand that I may not photocopy or duplicate any materials provided by or purchased from VISALUS without written authorization and that the unauthorized use of any Proprietary Mark is a violation of federal law and this Agreement, constituting grounds for termination of this Agreement by VISALUS.
- I understand that as a Distributor, I am free to select my own means, methods and manner of operation and that I am free to choose the hours and location of my activities under this Agreement, subject only to the terms of this Agreement and VISALUS Policies and Procedures.
- I acknowledge that I am not guaranteed any income nor am I assured any profits or success. I certify that no claims of guaranteed profits or representations of expected earnings that might result from my efforts have been made by VISALUS or any VISALUS Distributors. In this connection, I shall not represent directly or indirectly that any person may, can or will earn any stated gross or net amount, nor that sponsorship of others is easy to secure or retain, or that substantially all Distributors will succeed.
- I acknowledge that I have the right to sign up as many personal customers as I wish. I will receive a commission each month from my personal customers’ purchases and my downline network in accordance with the VISALUS Compensation Plan then in effect.
- I agree to indemnify and hold harmless VISALUS from any and all claims losses, damages and expenses, including any attorney’s fees, arising out of my actions or conduct in violation of this Agreement, Compensation Plan or any Policy or Procedure of VISALUS. I agree that in order to recoup any damages and expenses it has incurred due to such violation(s), VISALUS may offset any commissions or other payments due me. In the event a dispute arises as to the respective rights, duties and obligations under this Agreement, Compensation Plan or the Policies and Procedures of VISALUS, it is agreed that such disputes shall be exclusively resolved in the Circuit Court for Oakland County, State of Michigan, or Federal Court located in Detroit, Michigan. Michigan law shall apply to the resolution of all disputes. Louisiana residents may choose Louisiana law and jurisdiction.
- I acknowledge that I have read and fully understand the VISALUS Policies and Procedures and Compensation Plan, which are incorporated herein by reference and are binding upon me. In order to maintain a viable marketing program and to comply with changes in federal, state or local laws or economic conditions, VISALUS may revise its Compensation Plan and Policies and Procedures from time to time. All changes thereto shall be effective upon verbal or written notice to me and become a binding part of this Agreement. The home office prior to use or publication must approve all advertisements using the Proprietary Marks of VISALUS.
- I acknowledge that this Agreement, Compensation Plan and the Policies and Procedures incorporated herein by reference, constitute the entire Agreement between the parties and shall not be modified or amended except in writing signed by VISALUS. This Agreement shall be binding upon and inure to the benefit of heirs, successors, and permitted assigns of the parties hereto. If any provision of the Agreement is determined by any authority of competent jurisdiction to be invalid or unenforceable in part or in whole for any reason whatsoever, the validity of the remaining provisions or portions thereof shall not be affected thereby.
- I agree to abide by the terms of the noninterference and nondisclosure policy of VISALUS.
- During the term of this Agreement (and any renewals), I will not sell any other products for any entity competing with VISALUS. During the term of this Agreement (and any renewals) and for one (1) year thereafter, I will not solicit or recruit, VISALUS employees or Distributors, whether active or inactive, to participate in a network marketing program whether or not such marketing company offers products. I acknowledge that my violation of this provision will result in immediate termination of my Distributorship and payments of any kind.
- ViSalus ESS and Business Opportunity Return Policy: An Independent Distributor who cancels their Distributorship within 30 days of enrollment may return unused products from the Executive Success System which are unopened and in resalable condition. A refund will be issued for the value of the Business Opportunity ($49) and the value of unused and saleable products up to $450. If an Independent Distributor cancels their Distributorship within their first year but more than 30 days after their enrollment date, the same guidelines apply however returned, saleable products will result in a product credit equal to the discounted value of those products (up to $450) rather than a refund and will be subject to a restocking fee.
Customer Service: Monday-Friday 8 AM – Midnight EST, Saturday 9 AM to 5 PM EST, Closed Sunday – 877-VISALUS (847-2587)
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