REQUIREMENTS TO BECOME CONSULTANTS
Those applying to become Consultants must meet certain criteria prior to qualifying. Additionally, to become a successful Nuyu Consultant, it is highly recommended that all Nuyu Consultant applicants have a personal computer, email, and a major credit card.
All applicants must be the age of majority within the state which he/she resides. Applicant must then submit an official Nuyu Application on-line, which must be fully completed, including the applicant's social security number, and including the on-line acceptance of the Consultant Agreement and associated Policies & Procedures. Once the application is submitted, Nuyu will review the application and notify the applicant by email if their application has been accepted.
Individuals who are married may each have their own Business Centers, however the partners cannot be sponsored in different organizational lines. One partner must be the sponsor of the other. Any attempts at dual-line sponsoring will result in termination by Nuyu.
An individual Nuyu Consultant may change to a business entity by notifying Nuyu.
Nuyu reserves the right to accept or reject anyone as a Consultant.
PARTNERSHIP OR CORPORATION REQUIREMENTS
Partnerships, Corporations or other business entities may become authorized Nuyu Consultants. A business entity which registers as Nuyu Consultant must include its Tax ID number, also called the Federal Employer's Identification Number (FEIN) on its application.
If more than 50% of the ownership interest in the Consultant business entity changes, that shall be considered a transfer to a new Consultant, and subject to approval by Nuyu.
Nuyu reserves the right to accept or reject any business entity as a Consultant.
SPONSORSHIP
Active Nuyu Consultants may sponsor new potential Consultants anywhere within the United States or its Territories.
Every Nuyu Consultant may choose its own sponsor when they initially apply to become a Consultant with Nuyu. Or in the event the applicant does not know any Nuyu Consultants, the company will assign one of its active Consultants.
In the event that two Consultants claim to be the sponsors of the same new Consultant, Nuyu shall acknowledge the first application received at corporate headquarters. In the event of disputes, Nuyu reserves the right to make final decisions. Any cross sponsorship or cross recruiting is strictly prohibited within the Nuyu organization.
RESPONSIBILITY OF SPONSORS
All Nuyu Consultants have an obligation to help supervise and train the new Consultants that they sponsor. Sponsors are advisors and mentors to their new down-line Consultants. (Note: Down-line Consultants are defined as any Consultant that is directly sponsored by an up-line Consultant, or any other Consultant within a direct line to that Consultant)
As a Consultant with sponsored down-line Consultants, and their sponsored Consultants (your "sales organization"), you must maintain sufficient contact and communication with your sponsored Consultants to help them succeed in their business. This should include written correspondence, telephone contact, email contact, newsletters, personal meetings, and training sessions.
NETWORKING COOPERATION
It is to the advantage of Nuyu Consultants, as well as Nuyu, for Consultants to proactively cooperate with each other for the mutual success of the entire Nuyu organization. Nuyu supports an environment of teamwork and cooperation.
TRANSFERS OF SPONSORSHIPS
Nuyu prohibits any transferring from one sponsorship to another. The integrity of the entire network organization is based on the strength of the structure within the network. The allowance of transfers will only be allowed under extreme circumstances and at the sole discretion of Nuyu.
A Consultant will generally only be allowed to transfer sponsorship lines by way of written resignation to the company. Once resignation is accepted, the former Consultant may then choose to rejoin the network six (6) months later under a new sponsor. IMPORTANT: Consultants who choose to resign and return will not be allowed to transfer their downline or qualified position with them. In other words a resigning Consultant will start from the beginning as a new Consultant.
DEATH OF CONSULTANT
In the event of the death of a Consultant, the Consultant maintains his/her rights to commissions and their marketing position. These commissions, marketing position, as well as membership duties and responsibilities shall be passed to the successor in interest upon written notice to Nuyu
Nuyu requires a certificate of death and a certified copy of the will, trust or other device before the company may effect transfer of the deceased Consultant's membership to the named transferee. The successor Consultant shall be required to execute a new Nuyu application
SALE OF CONSULTANTSHIP
Consultants are at liberty to sell or assign their Nuyu business for the current marketable price at any time, however, such sale or assignment is subject to Nuyu's approval of the new owner, which shall not be unreasonably withheld, and subject to the receipt of a fully completed application by the new owner.
Nuyu reserves all rights to accept or reject any agreements of sale or transfer based on qualifications of purchaser, misrepresentation by seller, or any other issues that may arise resulting in potential detriment to Nuyu.
REPRESENTATIONS BY CONSULTANTS
Consultants are independent contractors, fully responsible for their own business procedures and are not to be considered purchasers of a franchise or employees of Nuyu. The agreement between Nuyu and its Consultants does not create an employer/employee relationship, agency, partnership or joint venture between Nuyu and the Consultants.
Consultants must not represent themselves in any way, orally or in writing, as being an agent or employee of Nuyu. Consultants have no authority to bind Nuyu to any obligations. Each Consultant shall hold Nuyu harmless for any claims, damages or liabilities arising out of the Consultants own business practice. Nuyu will take aggressive action to insure that Consultants who violate this policy are immediately terminated.
Consultants are responsible for any expenses which result from their business operations, including, but not limited to, advertising, taxes, fees, legal costs and shipping expenses.
Consultants may not use the Nuyu name on any written or electronic forms or documents (e.g. stationery, bank checks, business signs, email) without stating "Independent Consultant" in close proximity to the name Nuyu.
RETAIL SALES
Nuyu products may only be sold by authorized Nuyu Consultants. Consultants may sell only to retail customers for their personal use, not for resale to other consumers. Nuyu Consultants should explain to customers that if they wish to sell Nuyu products to others, they should elect to become an authorized Nuyu Consultant.
The sale of Nuyu's products to retail customers is the foundation of Nuyu. The entire commission plan of Nuyu is a structure based upon volume of end-user sales by the individual Consultants, as well as their entire organization.
BULK SALES
Nuyu limits orders placed by its Consultants, or their customers, to $1,500 per transaction. Orders in excess of this limit are considered ‘Bulk Sales' and should be referred to Nuyu for handling at the corporate level. Bulk sales volume shall be assigned to the referring Consultant, and the customer shall be permanently linked to the referring Consultant for commission purposes.
RETAIL SALES IN STORES OR OTHER OUTLETS
Nuyu products are not sold in stores or other outlets, and can only be sold by Nuyu Consultants to end-customers for their own use. However, official Nuyu literature, along with the Consultant's official Nuyu business card, may be displayed at a retail store or outlet.
Sales of Nuyu products are also prohibited through on-line auctions, including, but not limited to, Ebay. This policy is necessary to prevent "shortselling" of the Nuyu products for purposes of qualification, and to protect the integrity of the entire organization.
UNETHICAL BEHAVIOR OR ACTIVITY
Nuyu Consultants will be immediately terminated, if, at the sole discretion of Nuyu, they are determined to be carrying out unprofessional or unethical marketing efforts or practices while representing the company.
REFUND POLICY
Nuyu provides a 100% refund policy, less shipping and handling, for thirty days after purchase of product by customers or Consultants. Payment will be made directly to the purchaser upon return of the product in resalable condition within the timing allowed.
If a sale is made by a Consultant direct to the customer, Consultant shall be responsible for insuring that the customer is informed of the refund/return policy. Consultant shall further be responsible for any refund on products sold directly to a customer.
Any other refunds may be made at the sole discretion of the Nuyu.
SEVENTY PERCENT (70%) RULE
When Nuyu Consultants order product, they must certify that they have sold at retail at least 70% of all prior product purchased. A Consultant will be allowed by Nuyu to purchase a reasonable amount of product for personal use and enjoyment as well as to be used as sales samples.
The company will monitor compliance with this rule, and any fraudulent information supplied by the Consultant will be grounds for termination of the Consultant and their Business Center.
Nuyu strictly prohibits the purchase of products in unreasonable amounts solely for the purpose of qualifying for commissions or advancement within the compensation plan. All such forms of frontloading or stockpiling are strictly prohibited.
SALES TAX
All products may be subject to the sales tax in the state, county, or city that levies such a tax and in which a sale may occur. This tax should be be calculated on the sale price of applicable purchases.
INDIVIDUAL TAXES
Each Nuyu Consultant is responsible for reporting and paying his/her taxes at the federal, state and local levels.
At the end of the calendar year, for all Consultants earning $600.00 or more for the calendar year, Nuyu will send the Consultant and the Internal Revenue Service a 1099 form reporting the Consultant's annual income from Nuyu.
PROPRIETY NATURE OF DOWNLINE REPORTS
Nuyu may from time to time supply data processing information and reports to Nuyu Consultants concerning their down-line organizations. The Consultant agrees that such information is proprietary and confidential to both Nuyu and the individual Consultant, and is transmitted to the Consultant in confidence for his/her internal use while managing their business.
The Consultant agrees that he/she will not disclose such information to any third party directly or indirectly, nor use the information to compete with Nuyu directly or indirectly. The Consultant and Nuyu agree that, but for this agreement of confidentiality and nondisclosure, Nuyu would not provide the above confidential information to the Consultant.
AMENDMENTS
Nuyu expressly reserves the right to alter or amend wholesale prices, product availability and/or formulation, policies and procedures, and the compensation plan. Such amendments are automatically incorporated as part of the agreement between Nuyu and the Consultant when published in official company literature.
PRODUCT AND INCOME CLAIMS
Nuyu Consultants shall not make false nor fraudulent representations about the company, its products, services, compensation plan or earnings potential. This includes the showing of checks, statement of earnings, or potential earnings. One person's earnings may not be typical of another's earnings, therefore, no income claims are allowable. In addition, Consultants shall not make any claims for or about Nuyu products which are not supported by facts contained in official company literature or on the company website.
CONSULTANT CHANGE OF ADDRESS
Nuyu Consultants shall be responsible for immediately reporting any change of their contact information to Nuyu.
RESIGNATION OF A CONSULTANT
Consultants have the right to terminate their agreement at any time and for any reason, or without reason, and without penalty, by giving written or email notice to Nuyu at its principal place of business.
Upon receipt of the notice, all rights to commissions, position, and wholesale purchases shall immediately cease, and the Consultant shall no longer be entitled to advertise, sell, or promote Nuyu products. The former Consultant's down-line shall be transferred to his/her sponsor.
Resigning Consultants are not eligible to be sponsored into Nuyu again for a period of six (6) months following the date of termination.
TERMINATION BY INACTIVITY
After three (3) months of consecutive inactivity, a Nuyu Consultant will be deleted from the commission structure. The deleted Consultant will, however, be eligible for immediate re-sponsorship. Inactivity shall be defined as a period in which no retail sales are made.
TERMINATION OF CONSULTANT MEMBERSHIP
Nuyu reserves the right to terminate any Consultant at any time, or suspend said Consultant for a probationary period, when it is determined that the Consultant has violated the provisions of the Consultant Agreement, including the provisions of these Policies and Procedures as they now exist or may be amended, or the provisions of applicable laws and standards of fair dealing.
Upon such a termination, the company shall notify the Consultant by mail at the latest address listed with the company.
The terminated Consultant shall immediately cease representing himself/herself as a Nuyu Consultant, and will not be allowed to become a Nuyu Consultant again in the future. Where applicable state law on termination of a Consultant is inconsistent with company policy, such state law termination procedures shall be in force.
If the Consultant wishes to appeal the termination, Nuyu must receive the appeal, in writing, within fifteen (15) days from the date of mailing of the company's termination letter. If the appeal is not received with the 15 day period, the termination will be automatically deemed final. If the Consultant files a timely appeal of termination, Nuyu will review and reconsider the termination, consider any other appropriate action and notify the Consultant of its decision. The decision of the company will be final and subject to no further review. In the event that the termination is not rescinded, the termination will be effective as of the date of the company's original termination notice.
Upon termination of a Consultant, all rights to commissions, position, and wholesale purchase rights cease. The terminated Consultant will not be eligible for future sponsorship.
CONSULTANT ADVERTISING
Because Nuyu Consultants are independent contractors, they may promote their business in any legal and ethical manner, and may advertise without company approval, provided that they do not use the corporate name, logo or trademarks.
Notwithstanding, any Nuyu Consultant advertisement which utilizes the Nuyu name, logo or trademarks, must also clearly state, in close proximity to the Nuyu name, logo or trademarks, the words "Independent Consultant".
Nuyu Consultants shall not answer their phone, nor carry on phone or email discussions, in any manner that would give callers reason to believe that they have reached, or are talking to, the corporate offices of Nuyu.
Only an official Nuyu website, as provided by Nuyu to the Consultant, shall be used by the Consultant to carry on his/her business selling Nuyu products. The Nuyu website shall not be altered, nor linked to other websites which may contain information or statements regarding Nuyu products which in themselves would be a violation of these Policies and Procedures.
PRODUCT ORDERING, DELIVERY AND PAYMENT METHODS
Nuyu Consultants are not required to maintain a supply of product inventory for resale. All orders are placed on-line by the authorized Nuyu Consultant using the Nuyu website. The retail customer or Consultant can use any major credit, debit card, or e-check as payment. Products are shipped from Nuyu directly to the customer as soon as their payment has been authorized. Alternatively, the Consultant can pay for the customer's order, and then be reimbursed directly by the customer. Nuyu provides the Consultant access to on-line reports that summarize the Consultant's sales activity and commissions.
UNAUTHORIZED PURCHASES
Nuyu will immediately terminate any Consultant who fraudulently attempts to create bogus sales transactions for purposes of getting around the 70% rule, or meeting sales commission goals, or for any other reason. Offenders shall also be subject to possible legal action.
WAIVER
Nuyu does not waiver on the requirement for each Nuyu Consultant to comply with all of the terms and conditions of the Consultant Agreement and these Policies and Procedures.
GOVERNING LAWS
These policies and procedures are reasonably related to the laws of the State of Arizona, and shall be governed in all respects thereby. The parties agree that jurisdiction and venue shall be in Maricopa county, Arizona.
INVALIDITY OF ANY PARAGRAPH
Should any portion of these Policies and Procedures, of the Consultants Application and Agreement, or any other instruments referred to herein or issued by the company be declared invalid by a court of competent jurisdiction, the balance of such rules, applications, or instruments shall remain in full force and effect.
SANCTIONS AND ENFORCEMENT ACTION
Any Consultant who violates these Policies and Procedures jeopardizes the integrity and standing of all Consultants.
The company reserves the right to revoke the status of Consultants, or place violators on probation for a period which may delay their eligibility for advancement in the marketing plan. It is for the benefit of everyone that every Consultant abides by the letter and spirit of these Policies and Procedures.
NOTICES TO NUYU
Any notice to Nuyu should be sent to the corporate offices at : Nuyu
2701 E. Camelback #140
Phoenix, Az 85016
