Terms of service
Policy and Procedures
Introduction
OlyLife is a direct selling company that market its Product through independent Distributors. The Policies and Procedures, Rules & Regulations (as defined below) is made to clearly define the relationship between Distributor and the Company, between Distributor and their customers, and between Distributors.
OlyLife is sometimes referred as “we”, “us”, and “our”, and the Distributor is sometimes referred to as “you” and “your”.
These Policies and Procedures (sometimes hereinafter referred to as the “Policies” or the “P&Ps), as currently stated and as amended from time to time by the Company with reasonable publication and distribution to the Distributor as described are incorporated into and form an integral part of the Agreement. When the term “Agreement” is used herein, it collectively refers to the OlyLife Distributor Application, these Policies and Procedures and the attached addenda (which are incorporated herein by this reference), and the OlyLife Compensation plan. The addenda may be country-specific and may modify the terms herein. You have the responsibility to read, understand, and adhere to the most current version of these Policies and Procedures.
When sponsoring a new Distributor, you must ensure that he/she is provided with the opportunity to (1) review and understand the terms and conditions of the Agreement and (2) read and understand the OlyLife Policies & Procedures and OlyLife Compensation plan prior to signing the Distributor Application.
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Distributor Rules & Regulations
1.1 Becoming a Distributor
1.1.1 Distributor Application Form & Sales Kit/E-Kit
To become a duly authorized Distributor capable of merchandising OlyLife’s products and services and sponsoring other Distributor, an applicant must apply for authorization from OlyLife by completing and signing the Distributor Application Form and obtain the OlyLife Sales Kit/E-Kit. The completed Distributor Application must be registered through OlyLife official system, and accepted by OlyLife as authorized in accordance with the provisions of Section 1.13.
1.1.2 Requirements
Without limiting any OlyLife’s rights, the following are requirements for becoming a Distributor or renewing a Distributorship:
a) Must be legal age his or her country or state of residence
b) Must not have been terminated for breach of contract under a previous Distributorship or Distributorship with another OlyLife affiliate.
c) Must not be an employee of a direct selling company at the time of the initial application or during the term of his/her authorization as a Distributor.
d) Must reside within the country where the business is being registered, if this is the person’s first OlyLife business in any market where OlyLife operates. The company retains the discretion to allow registration beyond the restriction.
Must not be a person serving an imprisonment sentence or otherwise confined to any correctional institution or have a previous conviction record for an offence relating to production (and/or) trading of counterfeit goods, false advertisement, illegal conduct of business, tax evasion (or) deception of customers, or an offence relating to deceptive appropriation of assets, abuse of trust to appropriate assets (or) unlawful possession of assets.
1.1.3 10-Day “Cooling-off Period”
All distributors are given a ten (10) days cooling-off period to return the goods in accordance with Clause 6 of this policy. Distributor has the rights to cancel certain sales without any penalty prior to midnight of the ten (10) working days following the transaction (date of purchased). In addition, ten (10) working days cooling-off period right to cancel at the time distributor purchases the goods and transacted with payment. Prior to the completion of any sale, the purchaser is required to acknowledge his/her ten (10) working days right of cancellation during the ten (10) working days cooling-off period.
OlyLife shall proceed with the cancellation and refund regardless of any reason providing the following steps and conditions are met :
a) Purchaser has acknowledged and decided to maintain his/her rights by delaying the collection or delivery of the goods till the eleventh (11st) working day;
b) No goods may be released or delivered within ten (10) working days period ; and
c) Purchaser is required to notify OlyLife via email to cs@olylifeintl.com within ten (10) working days from the date of purchased.
The refund will be cancelled under below circumstances :
i) Cooling-off period indicates that the ten (10) working days right of cancellation shall expire by default on the eleventh (11st) day.; or
ii) Purchaser has agreed to rescind and waive his/her rights by instructing OlyLife to release or deliver the goods within the ten (10) working days period.
1.1.4 Cooling-Off Period (Applicable Jurisdictions)
In accordance with direct-selling regulatory requirements, the cooling-off period is offered only in jurisdictions where the Company maintains a local operating office.
At present, the cooling-off period applies exclusively to the following countries: Malaysia, Indonesia, Thailand, and Singapore.
A member shall be eligible for the cooling-off period only if both of the following conditions are satisfied:
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The member’s nationality is Malaysia, Indonesia, Thailand, or Singapore; and
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The member’s registered mailing address is located within the same country listed above.
Members who do not satisfy both conditions, or whose nationality or mailing address falls outside jurisdictions where the Company has a local operating office, shall not be entitled to a cooling-off period.
Illustrative Examples (Non-Exhaustive):
• A member with Malaysian nationality but a registered mailing address in the United Kingdom is not eligible for the cooling-off period.
• A member with United Kingdom nationality but a registered mailing address in Malaysia is not eligible for the cooling-off period.
1.1.5 Acceptance or Rejection of Distributorship Application or Renewal
OlyLife reserves the right to accept or reject any Distributor Application. Likewise, OlyLife reserves the right to refuse any Renewal and can revoke the Distributorship if a Distributor’s activities have not been in accordance with the Rules & Regulations or if the Distributor is not in Good Standing or has not complied with the requirements of OlyLife Policies and Procedures.
1.1.6 Date of Authorization
The date of authorization as a Distributor is when the Distributor Application has been processed and accepted by OlyLife.
1.1.7 Prohibited Sponsoring Practices
A sponsor shall not impose on a prospect, nor any Distributor, as a condition to receiving from the Sponsor assistance in the development of such person’s Distributorship, conditions such as:
a) Purchase any specified amount of products or services.
b) Maintain a specified minimum inventory.
c) Purchase any non-OlyLife produced “starter, decision” or other “pack” or “kit”.
d) Purchase literature, audio-visual aids or other materials.
Purchase tickets for and/or attend or participate in rallies, seminars, or other meetings.
1.1.8 Renewal
A Distributorship may be renewed at the discretion of OlyLife provided the Distributor is not in violation or breach of OlyLife’s Rules and Regulations and terms of the Distributor Contract in any market automatically.
1.1.9 Termination
Distributor may terminate the Distributorship at any time by providing OlyLife with a written notice of termination to OlyLife Office . OlyLife may terminate the distributorship at any time by providing distributor with a written notice of termination at his/her specific address if he/she fails to comply with the OlyLife Policies and Procedures, including the OlyLife Rules & Regulations, the OlyLife Sales & Marketing Plan and other policies maintained by OlyLife and which have been incorporated into the Distributor Contract.
1.1.10 Conspiracy; Inducement to Breach:
A Distributor shall not conspire with any other person to breach or induce a breach of any Rules & Regulations or the OlyLife Policies and Procedures or to induce or attempt to induce another Distributor to breach any of the Rules & Regulations or the OlyLife Policies and Procedures. Any such activity shall constitute a breach of the Rules & Regulations or the OlyLife Policies and Procedures.
1.1.11 Exceeding Scope of Authorization
Distributor shall not exceed the scope of authorizations granted pursuant to the Distributor Contract. Any such activity shall constitute a breach of the Distributor Contract.
1.1.12 Representatives or Warranties
Distributor shall not make any false representation or statement to OlyLife, nor induce OlyLife to enter into a Distributor Contract under false pretenses, nor breach any representation or warranty implied in this contract or by law. Any such activity shall constitute a breach of the Rules & Regulations or the OlyLife Policies and Procedures.
1.1.13 Multiple Breach
It is a breach of the Rules & Regulations or the OlyLife Policies and Procedures for a Distributor to allow any breach to remain uncorrected following notification from OlyLife of the existence of the same, or to have multiple simultaneous, serial or repeating breaches of the Rules & Regulations or the OlyLife Policies and Procedures.
1.1.14 Circumvention of the Rules & Regulations
In case of any attempt to circumvent or act against the intent and spirit of the Rules & Regulations, OlyLife may at any time take corrective action at its discretion.
All Distributors shall be subject to the enforcement which is set out in the Sales Kit/E-Kit, Rules & Regulations and Policies and Procedures provided that OlyLife expressly reserves the right to terminate, at any time and with immediate effect, the authorization of a Distributor who shall have provided false information in the Application or who shall have accepted authorization as a Distributor in violation of these Rules or who shall have conducted himself/herself in a manner that in OlyLife’s opinion brings the OlyLife’s Sales & Marketing Plan into disrepute.
1.2 Distributorship
1.2.1 All distributors are independent distributors. Distributors are not engaged by the Company; they are neither agents, representatives nor employees of the Company.
1.2.2 Distributors do not have any capacity or right to sign any type of contract in the capacity of a company representative.
1.2.3 Distributors who give up their distributorship shall terminate all vested interests in the Company and all connections with their downlines. They can only re-join through another sponsor after six (6) months of termination.
1.2.4 Distributors are not allowed to join other sidelines.
1.3 Principle of Sponsoring
1.3.1 Distributors shall explain the contents of the Policies and Procedures and Distributorship Application in detail to newcomers that they are bringing into the distributorship. Do not exaggerate and say untrue things, or lie, deceive or coerce the newcomers. In the event of any misrepresentation by the Distributors, Distributors will be solely responsible for such breach and shall bear the compensation to the newcomers in the event of any damages.
1.3.2 Distributor shall not publicize or promote the products or introduce new distributors using deceptive or misleading means.
1.3.3 It is strictly forbidden by the Company for distributors to change their sponsor and placement. Sponsor or placement corrections can be made if the error is reported to OlyLife within same day of enrollment before 24:00 hours (Malaysia time GMT+8).
1.3.4 If a Distributor wishes to change their sponsor or placement, they may submit a written request to OlyLife to terminate their current distributorship. After termination, they must wait for a period of six (6) months before reapplying for distributorship under a new placement.
1.3.5 It is strictly prohibited for a Distributor to directly or indirectly encourage, persuade, involve, or assist another Distributor in transferring to a different placement. This includes offering financial or non-financial incentives or benefits to induce the Distributor to terminate their current distributorship and then re-register under a different placement. Any Distributor found engaging in such practices may face immediate suspension or termination of their distributorship.
1.4 Divorce, Separation, or Other Dissolution
Whenever a business is ordered to be separated or divided as the result of a divorce, dissolution of a corporation or partnership (where applicable), the separation or division must be accomplished in such a way as to not adversely affect the interests and/or income of the Distributor in the Line of Sponsorship. During the division or separation process, neither party shall administer or operate, together or separately, any other distributorship without OlyLife’s express written consent.
1.5 Dissolution of a Legal Entity Operating a Distributorship
In the absent the express written agreement of OlyLife to the contrary, prior to dissolution of a legal entity that is a signatory to a Distributor Contract, the Distributor Contract may be assigned to the authorised representative of the legal entity who signed the Distributor Contract originally on behalf of the company however it is against OlyLife’s Rules & Regulations to sell the Distributorship.
1.6 Disposition of a Distributorship
If a Distributor terminates his/her distributorship with OlyLife, or dies without leaving heirs who are willing and able to assume responsibility for the distributorship, OlyLife, at its sole discretion, shall decide the future of the distributorship.
1.7 Non-Compete/ Non-Solicitation:
a) Non-Compete - A Distributor, shall not, during the existence of his/her contract of distributorship with OlyLife, and for a period of six (6) months after the termination of his/her contract of distributorship with OlyLife, engage in or carry on any business or service, either directly or indirectly, which may be considered to be in competition with or similar to the businesses of OlyLife, whether for his/her own account, or for the account of any other person.
b) Non-Solicitation – Distributor shall not, during the existence of his/her contract of distributorship with OlyLife, and for a period of Six (6) months after the termination of his/her contract of distributorship with OlyLife, whether for his/her own account, or for the account of any other person , solicit, induce, attempt to solicit, attempt to induce, or otherwise entice away from OlyLife, any of its distributor.
1.8 Property of the Company
1.8.1 Distributors have the obligation to maintain the Company’s tangible and intangible assets at all times.
1.8.2 The list of distributors recruited into OlyLife is part of the Company’s property and trade secrets. The list can only be used for matters in relation to OlyLife business operations and cannot be used to promote non-OlyLife products and services.
1.8.3 Distributors have a strict obligation to maintain confidentiality and to avoid divulging any information regarding the trade secrets, product formulation, product source, distributorship system and commercial information etc. that they have knowledge of during the course of their contract period and up to 1 year after their contract ends.
1.9 Maintenance of Company Image and Reputation
1.9.1 Distributors shall take care in maintaining the image and reputation of the Company & Company Product at all times.
1.9.2 Distributors are not to engage in any actions which may defame Company and/or Company products and are detrimental to the Company image or to take part in any illegal activities.
1.10 Publicity and Claims Made by Distributor
1.10.1 Distributors are to give truthful explanations of the Company’s products’ features, and shall not advertise or publicize the products using exaggerated, untrue or misleading claims.
1.10.2 Distributors shall introduce Company products according to the product descriptions provided by the Company without changing and adding any of the contents which is contrary to the descriptions of the product provided by the Company.
1.10.3 The Company’s products are not used for the treatment of any diseases and distributors are to advise customers and their downline on the proper use for the products. Issues should be dealt with according to proper procedures. Distributors are not to provide any diagnosis or medical treatments to customers when introducing Company products.
1.10.4 Distributors are to provide a clear explanation of the Distributorship Application Agreement to new members. Do not exaggerate and say untrue things, lie, deceive or threaten the newcomers etc. Distributors will have to bear the responsibility for such actions.
1.10.5 Distributors are not permitted to promote, publicize, or broadcast any video or audio of any kind that relates to the product in any form of media, without written consent from our company. Forms of media include advertisements and promotional material, video/ audio tapes, television, cable or satellite or radio broadcasting, internet and online marketing platforms.
1.11 Trademarks and Packaging
1.11.1 Distributors are not allowed to arbitrarily change or deface the Company’s product labels and packaging, nor are they allowed to repackage or split the Company’s products into smaller packaging.
1.11.2 Distributors are not allowed to display the Company’s product for sales in a store without prior written agreement from the Company, nor are they allowed to set up signage, billboards and booths at any outdoor locations without prior written agreement from the Company.
1.12 Product Pricing
1.12.1 Distributors shall not use Company products as promotional giveaways without prior written agreement from the Company.
1.12.2 Distributors are not allowed to fix their own prices, cut prices, give discounts or give out high value giveaways.
1.13 Price Cutting
a) Each Olylife product is assigned with a unique serial number, which will be recorded along with the distributor who collected the product. In the event of any price-cut violation, Olylife management reserves the right to trace the responsible distributor based on the product's serial number.
b) If a distributor is found violating any provision of price undercutting, the company reserves the right to impose the following penalties:
1.13.1 A fine equivalent to three times the value of the undercut product will be charged to the member's account. (For example, if the product is priced at USD 1,000, the company will impose a fine of USD 3,000 on the member's account) and
1.13.2 A fine equivalent to three times the value of the undercut product will also be imposed on the account of the member’s direct sponsor. (For example, if the product is priced at USD 1,000, a fine of USD 3,000 will be imposed on the direct sponsor’s account) and
1.13.3 A fine equivalent to three times the value of the undercut product will be imposed on the account of the member’s team leader. (For example, if the product is priced at USD 1,000, a fine of USD 3,000 will be imposed on the team leader’s account)
Simultaneously, the company may reserve the right to terminate the distributor's membership, or apply both penalties, depending on the severity of the violation and at the discretion of management.
1.14 Distributor Code of Conduct
1.14.1 Distributors should plan properly when ordering products from the Company and make a reasonable estimation of the sales volume. Please refrain from hoarding a large amount of products. The Company reserves the right to dictate the amount of products that it will issue to the individual distributors. If any unusual purchase patterns are discovered and before an acceptable explanation is provided, the Company has the right to temporarily suspend the supply of products to the involved distributor(s).
1.14.2 Distributors should take care in maintaining the quality of Company products during storage according to the instructions provided by the Company. Please keep track of the expiry dates too.
1.14.3 Distributors are not allowed to sell or act as the agent for any products similar to OlyLife products, whether or not the products are distributed by a direct selling company.
1.14.4 Distributors are not allowed to engage with or make use of other distributors in OlyLife to engage in any buying and selling activities.
1.14.5 Distributors are not allowed to pass-off non-Company products as the Company’s own, nor are they allowed to sell Company products that are bundled with other products.
1.14.6 Distributors are not allowed to make use of the Company’s name and organization to conduct any fund-raising activities.
1.14.7 Distributors are not to conduct their distributor business in a manner that is against the public order and moral decency.
1.14.8 Distributors are not to conduct distributorship activities in a manner that violates criminal laws and other commercial laws.
1.14.9 Distributors are to take note of and abide faithfully by the notices and amendments to the current terms and provisions that the Company may introduce at any time.
1.14.10 Existing distributors, as well as former distributors who terminated their contracts for less than six (6) months, are not allowed to join, operate or manage, whether directly or indirectly, other direct selling organizations.
1.14.11 Distributors and Company personnel are not allowed to buy or sell OlyLife products between themselves.
1.15 Cross-Sponsoring
1.15.1 Distributors are not allowed to join other direct selling companies, whether directly or indirectly, nor are they allowed to entice other distributors to join these companies.
1.15.2 Distributors are not to aid, entice or encourage other distributors to leave or switch out from their original lines.