Policies & Procedures
Important, please read This First!
There is no mandatory Autoship. There is no financial benefit to buying product packs other than discounts or free product offered to all customers the same. Affiliates understand that 3MTea™ pays zero commissions for recruiting other affiliates. Only sales of product generate commissions.
All 3MTea™ Affiliates are subject to the following P&P’s around the Globe except where local Federal, State, County, City or their equivalent, by Country, laws super cede the same.
These P&P’s are effective as of 2017 and are meant to govern the way a 3MTea™ Affiliate conducts business with 3MTea™, other Affiliates, and with Customers. The governing definitions are capitalized and found in Appendix A. Any interpretation, clarification, exclusion, or exception to these P&P’s, in order to be effective, must be in writing and signed by an authorized officer of 3MTea™. 3MTea™ endeavors to enforce the P&P’s on a uniform and nondiscriminatory basis. However, any failure to enforce any of the provisions of the P&P’s with one Affiliate does not waive 3MTea™’s right to enforce any such provision(s) with that same Affiliate or any other Affiliate.
These P&P’s, the Statement of Beneficial Interest (if any), the Affiliate Agreement and any country or situation-specific addendum(s) thereto, and any other written agreement between the Affiliate and 3MTea™ in their present forms and as amended from time to time at the sole discretion of 3MTea™, are by this reference incorporated into, and form an integral part of, what is collectively referred to as the “Contract.” Each Affiliate has the responsibility to read, understand, adhere to the Contract and ensure that he or she is aware of and operating under the most current version of the Contract. When sponsoring a new Affiliate, the Sponsoring Affiliate shall provide the most current version of the Contract to the applicant prior to his or her execution of the Affiliate Agreement. By signing an Affiliate Agreement or accepting Commissions from 3MTea™, an Affiliate demonstrates that he or she has read and understands and consents to abide and be bound by the Contract and any amendments thereto.
3MTea™ may amend any part of the Contract from time to time as laws and business circumstances change; however, notice of any amendment will be published by 3MTea™ on its website at least thirty (30) days before the change is made effective. It is the responsibility of all Affiliates to regularly review the most recently published Contract, located at www.3mtea.com or other 3MTea™ websites. 3MTea™ will also provide a copy of its most current Contract upon the Affiliate’s request.
Only 3MTea™ is authorized to deliver and sell product. In turn, an Affiliate agrees to represent the Products and income opportunity in an ethical and professional manner. Each Affiliate agrees to abide by the following Code of Ethics:
Code of Ethics
As an Affiliate:
I will be respectful of each and every person I meet while doing the Affiliate Business.
At all times, I will conduct myself and my business in an ethical, moral, legal and financially sound manner and will not engage in any deceptive or illegal practice.
I will not communicate disparaging comments about competitors’ products to others and shall not communicate slanderous, libelous and derogatory statements about competitors or other Affiliates.
I will not engage in activities that would bring disrepute to 3MTea™, other Affiliates, or me.
I will be truthful in my representation of the Products and will make no Product claim that is not contained in and supported by official 3MTea™publications.
I will fulfill my leadership responsibilities as a Sponsor by training, assisting, and otherwise supporting the Affiliates in my Down Line Organization.
I will correctly and lawfully represent the Compensation Plan and the income potential represented therein.
I will abide by each and every term and condition of the Contract.
I will honor the terms of the Product return and refund policies with all of my Customers.
I will respect the Sponsor relationship of every other Affiliate and I will neither attempt to interfere with or change these relationships nor make disparaging or untrue claims about other Affiliates.
Section 1 Becoming an Affiliate
Age of Majority. In order to become an Affiliate, all Applicants must have reached the age of majority, in the jurisdiction in which they reside. Since there is such a disparity of laws around the Globe regarding the age of Majority it is the responsibility of the Affiliate to determine if they are age eligible to Contract to become an Affiliate with 3MTea™.
Application. An Applicant is authorized by 3MTea™ to exercise Affiliate Rights and operate an Affiliateship when he or she (i) returns to 3MTea™ a completed and signed original or electronic (faxed or scanned) Affiliate Agreement or signs through 3MTea™’s on-line application process, or via the Mobile app (in those countries where it is available); and (ii) 3MTea™ accepts the Agreement. (The Affiliate Agreement and other necessary forms are available on 3MTea™’s website.)
In order to be accepted by 3MTea™, an Affiliate Agreement for the country in which the Applicant resides and any other required document of the Contract must be complete and correct in every respect and submitted by the Affiliate.
Failure of the Affiliate to submit a complete and correct Agreement or to provide appropriate documentation, when requested, may result in the Affiliate Agreement being rejected by 3MTea™. The right to accept or renew any Affiliate Agreement remains solely with 3MTea™.
An Affiliate may be required to provide 3MTea™ with proof of residency, work authorizations, and ability to legally conduct business in the country stated on the Affiliate Agreement.
Required Purchase. No purchase of product is required to enroll as an affiliate. Product purchases are optional. In certain markets there will be a $49.99 Annual Membership fee which will include access to a personal back office, commissions platform, and access to unlimited corporate training. Each year on the anniversary date the affiliate will be charged $49.99. If the payment fails on the anniversary date for the Annual 3MTea Membership, the affiliate will have 30 days to pay the membership fee. If the membership is not paid in full by 30 days after anniversary date, the affiliate’s account will go inactive until paid.
An Affiliate agrees to receive the Affiliate Agreement online, or via Mobile app; however, a hardcopy of these items, where required, may be purchased from 3MTea™.
Business Entities. If the Applicant is a Business Entity, the original signature on the Affiliate Agreement must be of a Person authorized to bind the Business Entity. The Applicant must also submit with the Affiliate Agreement a Tax Identification Number for the Business Entity,
Inaccurate Information. If 3MTea™ determines that the Affiliate Agreement or the Statement of Beneficial Interest contains inaccurate or false information, it may immediately terminate an Affiliateship or declare the Affiliate Agreement null and void from its beginning. Further, it is the obligation of the Affiliate to report to 3MTea™ on an ongoing basis any changes which affect the accuracy of the Contract.
Term. The Contract is valid from the Date of Sign-Up and acceptance until terminated.
Non-Exclusive Territory. The authorization of an Affiliate to exercise Affiliate Rights and operate an Affiliateship hereunder does not include a grant of an exclusive franchise or territory to an Affiliate, nor is an Affiliate allowed to make such claims.
Section 2 Obligations of an Affiliate and Managing an Affiliateship
Compliance. An Affiliate shall comply at all times with each of the terms and conditions of the Contract.
Independent Contractor. An Affiliate is an independent contractor and is responsible for his or her own business expenses, decisions, and actions.
Compliance with Laws. In conducting its Affiliate Business, an Affiliate must comply with all applicable national and local laws, regulations, and ordinances. An Affiliate shall not violate any laws which apply to unfair competition or business practice, including any law that prohibits the advertising, offer to sell, or sale of Products at less than the Wholesale price of the Products.
Sales. Achieving success as an Affiliate requires time, effort and commitment. There are no guarantees of Commissions, only rewards based upon productivity. A successful Affiliate Business requires regular and repeated Sales of Products by an Affiliate. Sales by an Affiliate’s Down Line Organization also contributes to the success of an Affiliate Business.
3MTea™ encourages Sales to at least 5 Customers on a monthly basis.
Negative Statements. An Affiliate will make no disparaging, misleading, inaccurate, or unfair statements, representations, claims, or comparisons with regard to:
3MTea™, its Products, its commercial activities, its Affiliates; or
other companies, including competitors, their services, products or commercial activities.
Unethical Activity. An Affiliate must be ethical and professional at all times when conducting Affiliate Business. An Affiliate will not, nor will the Affiliate permit Affiliates in his or her Down Line Organization to engage in unethical activity
Cross-line Recruiting. The Affiliate is prohibited from engaging in Cross-line Recruiting.
Privacy of Affiliate Information. All information provided by an Applicant on an Affiliate Agreement may be used for the purposes of evaluating the Affiliate Agreement and for related activities of the Affiliate 3MTea™ relationship. An Affiliate authorizes 3MTea™ to disclose its contact information to some of the Affiliates up line and some of the Affiliates down line. An Affiliate by signing the Affiliate Agreement also agrees to allow 3MTea™ to market any 3MTea™ product or service to the Affiliate and furthermore authorizes 3MTea™ to use the personal data collected to market or share other products or services from selective 3rd party product and service providers that are deemed complimentary but noncompetitive to 3MTea™ Products or Services. The Affiliate may opt out of receiving these communications from 3rd party product and service providers at any time. However, an Affiliate may not opt out of receiving the communications from 3MTea™ unless the Affiliate desires to be deleted from the 3MTea™ Affiliate program.
SMS, Text and Email. All 3MTea™ Affiliates by signing the Affiliate Agreement, authorize 3MTea™ to communicate with them via SMS, Text, Email or other electronic means and methods.
Notification of Adverse Action. An Affiliate shall immediately notify 3MTea™’s legal department in writing of any potential or actual legal claims from third parties against the Affiliate arising from, or associated with, the Affiliate Business or the Down Line Organization that may adversely affect 3MTea™. After notifying the Affiliate, 3MTea™ may take any action necessary to protect itself, including controlling any litigation or settlement of the legal claims. If 3MTea™ takes action in the matter, the Affiliate shall not interfere or participate in the matter.
Release for use of Photo, Audio, or Video Image, and/or testimonial Endorsement.
3MTea™ may take photos, audio or video recordings, or written or verbal statements of an Affiliate at 3MTea™ events or may request the same directly from an Affiliate. The Affiliate agrees to and hereby grants 3MTea™ the absolute and irrevocable right and permission, to use, re-use, broadcast, rebroadcast, publish, or republish any such photo, audio, video, or endorsement, in all or in part, individually or in conjunction with any other photograph or video, or any other endorsement, in any current or future medium and for any purpose whatsoever, including (but not by way of limitation) marketing, advertising, promotion, and/or publicity; and to copyright such photograph and/or video, in the original or as republished, in the name of 3MTea™, or in any other name. Regardless of any other agreements or contracts the Affiliate may have with any other entity, the Affiliate agrees that any use by 3MTea™ as set forth in this Section shall be royalty free, is a work made for hire, and is not subject to any other claim. The Affiliate agrees to defend and indemnify 3MTea™ against any claims by any other party arising out of 3MTea™’s use of the rights granted herein. The Affiliate confirms that the information he or she may give as a testimonial endorsement, or as represented in a photograph, video or audio is true and accurate to the best of his or her knowledge. The Affiliate waives any right he or she may have to inspect or approve the finished or unfinished product(s), the advertising copy, printed, recorded, photographic or video matter which may be used in connection with it or any use that may be made of it.
The Affiliate agrees that photos, audio or video recordings taken by the Affiliate or any third party at 3MTea™’s events or activities may not be used by the Affiliate or any third parties to promote any business other than the Affiliate Business.
Conducting the Affiliate Business Internationally. An Affiliate has the right to operate in any Authorized Country where the Affiliate may lawfully conduct the Affiliate Business. It is an Affiliate’s responsibility to comply with all national and local laws, ordinances, and regulations when conducting Affiliate Business in any Authorized Country.
Section 3 Sponsorship Responsibilities
A Sponsor shall:
Make reasonable efforts to ensure that that all personally sponsored Affiliates in his or her Down Line Organization understand the terms and conditions of the Affiliate Contract and all applicable national and local laws;
Provide training and bona fide support in the development of his or her personally sponsored Affiliates Down Line Organization’s business
Provide bona fide education and instruction so that product sales and opportunity meetings conducted by his or her personally sponsored Affiliates are conducted in accordance with the Affiliate Contract
Give guidance and encouragement to Personally Sponsored Affiliates in his or her Down Line Organization on how to have the best chance of success as an independent 3MTea™ Affiliate
Section 4 Sponsor/Placement Changes; Transfers; Beneficial Interests
Sponsor Change Process: An Affiliate may apply to change Sponsorship subject to the limitations described below. Because of the need to maintain the integrity of Down Line Organizations, a Sponsor/Placement change may not be feasible; therefore, 3MTea™ has complete discretion to allow or disallow any proposed change.
the move is requested within fifteen (15) days from the Date of Sign-up
a one hundred US dollar application fee ($100 USD) is submitted
3MTea™ is able to obtain signatures of affected up line and down line Affiliates who all agree to the change and “Affected” is determined by 3MTea™ alone.
Placement Change Process. An Affiliateship may be moved to a new position in the Down Line Organization. However, because of the need to maintain the integrity of Down Line Organizations, a Sponsor/Placement change fmay not be feasible; therefore, 3MTea™ has complete discretion to allow or disallow any proposed change.
the move is requested within fifteen (15) days from the Date of Sign-up
a one hundred US dollar application fee ($100 USD) is submitted
3MTea™ is able to obtain signatures of affected up line and down line Affiliates who all agree to the change and “Affected: is determined by 3MTea™ alone.
Any Sponsorship or placement change requested outside the 15 day Limits covered above will be viewed on an individual basis and only approved based 100% on the final determination of 3MTea™.
Sale or Transfer of an Affiliateship. Sales and transfers are absolutely allowed based on the final approval of 3MTea™ with no reasonable request being denied if the sale or transfer does not require any change of placement or sponsorship and if said sale or transfer is deemed not to be for “Deceptive” purposes. (Like the seller trying to move to a new position somewhere else inside 3MTea™). All new Owners/Beneficiaries will be held to the full qualifications and activity requirements of all Affiliates based on Rank to be paid.
Affiliates are not allowed to own or have an interest in more than one position other than through the exception made for an Affiliate who marries another 3MTea™ Affiliate. Or extremely rare circumstances where approved in writing by the company. An Affiliate who sells or transfers his or her Affiliateship may not reapply to become an Affiliate under another Sponsor for a period of 5 full calendar months.
Effects of Marriage, Divorce, and Death on the Affiliateship.
Marriage. A spouse is deemed to have a Beneficial Interest in an Affiliateship and all acts and omissions of the spouse shall be imputed to the Affiliate. If two Affiliates marry, they may keep their Affiliateships separate. However, all other conditions of the Beneficial Interest rules of the Contract apply to both Affiliateships.
Divorce. When a married couple whose individual names appear as Affiliates on the Affiliate Agreement separate or divorce, 3MTea™ will continue paying earnings under the Compensation Plan in the same manner as prior to the separation or divorce until 3MTea™ is served with a legally binding certified copy of a divorce decree or other court order that provides direction on payment and/or disposition of the rights under the Contract. Where there is a change in ownership as ordered by the court, the spouse remaining as an Affiliate must submit an amended Affiliate Agreement. In no event will the Affiliateship be partitioned. Should a legal judgement request the Divorcing parties to split the Affiliateship it shall have to be done on the Affiliates end. In other words, 3MTea™ will continue to only issue one payment on each pay date to whatever entity directed by the court, and from there the affiliates will have to govern their “splitting” of the funds as ordered.
Death and Inheritance. In the case of an Affiliate’s death, the Contract will be assigned to the legal successor to the Affiliateship. All qualifying rules and regulations tied to the Compensation plan of 3MTea™ apply to the new owners. However, a 90-day grace period will be given to the new owners during which time they can decide how to proceed with the business. During the 90 days commissions earned will simply accrue and be paid in full, once decisions of the new owners are made. The multiple Beneficial Interest through inheritance for up to six (6) months, by which time the existing Affiliate must have sold or otherwise transferred the existing or one of the inherited Affiliateships.
Section 5 Compensation
Earnings Through Sales. Commissions are paid to Affiliates who qualify pursuant to the Compensation Plan and those who are in compliance with the Contract. An Affiliate’s success is only achieved through the regular and repeated Sale of Products and the regular and repeated sales by its Down Line Organization. As the success of any Affiliate depends largely on the personal efforts of that Affiliate, 3MTea™ does not guarantee any level of profit or success, nor does it guarantee an Affiliate a specific income. An Affiliate does not receive compensation for Sponsoring or recruiting other Affiliates. The only way to earn Commissions is through the sale of Products.
Payment. 3MTea™ will pay Commissions to qualified Affiliates on Product orders which are received by 3MTea™ before the end of the Commission period, and have been fully paid with appropriate payment.
Most 3MTea™ commissions are paid weekly.
Commissions are paid in the name of the Business Entity listed on the Affiliate Agreement. When no Business Entity is listed, Commissions are paid to the personal name of the Person (Or fist person if co-applicants) listed on the Affiliate Agreement.
If an Affiliate believes that there is an error in the computation of Commissions and/or program qualifications, the error must promptly be brought to the attention of 3MTea™. If such problems are not presented to 3MTea™ in writing within thirty (30) days after the end of the relevant Commission period, the Affiliate waives all recourse with respect to such alleged error.
Minimum Payment Amount. The minimum amount for payment of commission and bonus is fifteen dollars ($15 USD). Commissions and/or bonuses in less than fifteen dollars ($15 USD) for a pay period will accumulate until they equal or exceed fifteen dollars ($15 USD).
Returned or Unpaid Payments. 3MTea™ makes every effort to ensure that an Affiliate receives its commission payments. However, if a commission payment is unpaid due to insufficient information or other reasons beyond the control of 3MTea™, the payment will be held for the benefit of the Affiliate for 180 days. If not claimed within 6 months and the Affiliate is inactive during the entire 6 months period the funds will be deemed abandoned and waived by the Affiliate and return to the property of 3MTea™.
No Manipulation. Manipulation of the Compensation Plan is not permitted and may result in disciplinary action including and up to possible termination of the Affiliateship. Manipulation of the Compensation Plan includes, but is not limited to, an Affiliate purchasing, to qualify for various Ranks or Commissions, large quantities of Product that are not sold through the direct marketing channel, placing orders in his/her Down Line Organization, and any other actions that may violate state, federal or foreign anti-pyramid scheme laws.
Deductions and Offsets. The Affiliate authorizes 3MTea™ to deduct fees from its Commissions as deemed appropriate in accordance with Section 6 herein or any other term or condition of the Contract. Any fees will be assessed at the sole discretion of 3MTea™.
There may be fees for Payout Options to Affiliates
There may be “Claw Backs” for commissions paid to an Affiliate for returned products or fraudulent sales or sales practices, these “Claw Backs” are not Technically fees but would appear as reductions to an Affiliates Payment Disbursements and could be construed as such by some.
Section 6 Ordering 3MTea™ Products
Inventory. All 3MTea™ product sales are to be made between the Customer and 3MTea™ directly.
As with any Product Sales Business the level to which an Affiliate decides to use samples to build their business can range from Zero to Thousands of dollars per month.
However, Sampling is entirely up to the Affiliate and there is no benefit in the Compensation Plan tied to Sampling except the obvious one, which is the hope to acquire new customers and Affiliates who acquire more customers by giving out free samples. A small and reasonable shipping and handling fee may be charged to a person for a sample but under NO CIRCUMSTANCE can an Affiliate Sell product DIRECT TO A CUSTOMER in any market.
Ordering. Products can be primarily being ordered by Mobile app and Internet. In some markets phone orders may be accepted during specific designated hours of the day and certain days of the week. See the website for details.
Monthly Subscription Program (MSP).
An Affiliate as any Customer may choose to participate in the Monthly Subscription Program (MSP). At 3MTea the MSP is a 28 day cycle, or 4 entire Pay Periods. Each order of Personal Volume keeps the affiliate active for 4 entire pay periods. This means that the 28-day cycle may be less than 28 days from signing up – if the affiliate signed up later in the pay period. Then moving forward will be every 28 days. MSP may be established at any time through the submission of the application or with a written request to 3MTea™ indicating the amount of Product to be shipped each month and the method of payment to be used. When instituting MSP at the time of enrollment, the Affiliate Agreement serves as confirmation for the setup. An MSP account will be charged at the set time during the month, and the Product will be shipped at a set time thereafter. The Affiliate may obtain tracking numbers from 3MTea™ after the Product is shipped. The scheduled dates for MSP processing, account charges, shipping or account changes are posted in the Affiliates Back Office and are subject to change by 3MTea™ from time to time. MSP is in no way a requirement to be an Affiliate and has no benefit in the compensation plan. Affiliates, as all Customers, may change, set up or cancel MSP at any time.
Sales Tax, GST, VAT
U.S. sales tax is collected on the Product’s suggested price and is calculated using the applicable rates for the location to where the product is shipped. 3MTea™ will collect and remit sales tax to the proper taxing authority. In those jurisdictions where an Affiliate may and has registered as a withholding agent through a local sales tax agency and submitted a “Sales and Use Tax Exemption Certificate” or equivalent document to 3MTea™, the collection of sales tax will be the responsibility of the Affiliate. It is the responsibility of the Affiliate to provide an updated copy of its certification for exemption from sales tax each year.
In all other jurisdictions, GST, VAT, or other applicable transaction tax is based on the purchase price. 3MTea™ will provide its GST or VAT number and proper invoicing, which may include electronic invoicing, where permitted by law. 3MTea™ does not include GST or VAT in commission payments. Affiliates who are GST or VAT registered and are required to collect and remit GST or VAT on their services may send a valid GST or VAT invoice to 3MTea™ to charge them for GST or VAT on commission income.
Section 7 Refunds, Returns and Cancellations
You have 30 calendar days, from the date you ordered, to return your product.
To be eligible for a return, your product must be unopened, unused, and in the same condition that you received.
A 10% restocking fee will be deducted from all returned/refunded products.
Send all returns to:
1111 E Draper Parkway
Draper, Utah 84020
Please include your name and affiliate number with all returns.
Once we receive your product, we will inspect it to ensure it meets all return policy requirements. After inspection, we will notify you of the status of your refund.
If your return is approved, we will initiate a refund, minus the 10% restocking fee, to the payment method used on your original order.
Please allow up to 5 business days for the refund, depending on your bank or credit card issuer’s policies.
You will be responsible for paying your own shipping costs for returning your item. Shipping costs are non-refundable.
If you have any further questions on how to return your product, contact us at (801) 308-1133 or send an email to firstname.lastname@example.org
Section 8 Marketing the Product and Opportunity
Use of Sales Tools. An Affiliate may use only Sales Tools approved by 3MTea™. Any affiliate using sales tools not approved in writing or provided by 3MTea™ for making sales becomes 100% liable for their representations and is at risk of being terminated from the 3MTea™ Affiliate program.
Product Claims. The only claims and representations Affiliates may make regarding Products are those found in the literature distributed by 3MTea™ on its web site or Mobile app.
No Altering. Affiliates shall not re-label, alter or repackage any Products.
Income Claims Prohibition. An Affiliate is prohibited from making income claims regarding earning potential period, at all, as in none.
Use of Trademarks and Copyrights.
3MTea™ may license the use of its trademarks to Affiliates, subject to the limitations herein and subject to the limitations in any licensing agreement. A licensing agreement may be obtained from the Affiliate Education and Conduct department.
Affiliates may not use any of 3MTea™’s current or after acquired trademarks or any confusingly similar variations of its marks, in a manner that is likely to cause confusion, mistake, or deception as to the source of the Products or services advertised.
Except as indicated herein, an Affiliate may not use 3MTea™’s trademarks or any confusingly similar variation of its trademarks (e.g., 3MTea™, 3MonksT, 3MonksTea, 3MTea™, etc.), in a business name, e-mail address, Internet domain name or sub-domain name, URL, telephone number, or in any other address or title. An Affiliate may use 3MTea™’s trademarks, except the marks associated with the word “3MTea™,” in a URL, Internet domain or sub-domain name provided that the Affiliate has entered into a licensing agreement for a 3MTea™ Licensed Website. The Affiliate agrees to comply with the terms of such licensing agreement and hereby acknowledges that 3MTea™ owns, and shall continue to own, all rights in and to 3MTea™’s trademarks in such URL, Internet domain or sub-domain name and that 3MTea™ has the right to revoke such use of 3MTea™’s trademarks for any reason and at any time. The Affiliate further agrees that 3MTea™ has the right to acquire such URL at any time by paying the nominal registration fee to the Affiliate and Affiliate agrees to transfer such URL to 3MTea™ and take any other necessary steps requested by 3MTea™ to effectuate such transfer.
Specifically related to the Internet any affiliate registering a domain name that contains the words, 3MTea™, 3MTea™, or Jasmine Toa, shall re-assign those domains to 3MTea™ upon request, at no cost other than the annual domain registration fee for at the most the previous 1 year, regardless of how long the Affiliate may have had them registered
The Affiliate agrees to immediately re-assign to 3MTea™ any registration of 3MTea™ names, trade names, trademarks, or Internet domain names registered or reserved in violation of this policy. The provisions of this Section survive the termination of the Contract.
3MTea™, in its sole discretion, will determine whether a variation of its trademark is confusingly similar.
Affiliates shall not use 3MTea™’s marks in countries where the use of such marks is prohibited.
An Affiliate must not use the name, logos, trademarks or other references to 3MTea™’s business or manufacturing partners in any Sales Tool, correspondence, or any form of advertising.
3MTea™’s literature and media are copyrighted by 3MTea™ and may not be duplicated.
Use of “Independent Affiliate” in Advertising. If an Affiliate selects a business title, the title must clearly state that the Affiliate is a “3MTea™ Independent Affiliate.” An Affiliate’s title may not imply that the Affiliate is an employee or agent of 3MTea™. Each time 3MTea™’s logo or name is used in writing and in relation to the Affiliate, the Affiliate must identify itself as a “3MTea™ Independent Affiliate”.
An Affiliate may not build any website to market 3MTea™ products. But they may build landing pages to drive traffic to the corporate 3MTea™ site so long as those pages only use approved copy and images found on the 3MTea™ corporate website or social media sites run by corporate.
Affiliates may send customers to the company website at ThreeMonksTea.com with their Affiliate ID number and they will receive credit and be paid commissions on a global seamless basis in US dollars for all visits from their customers that result in sales.
Affiliates may not resell any product on Amazon or other resale stores or websites since the product is clearly labeled not for resale and 3MTea™ is an NFR company.
Affiliates may use any legal links or advertising to send customers to the 3MTea™ website as described above.
3MTea™ may terminate any Affiliate for violation of its internet PnP’s for even a single violation.
Affiliates may promote the business opportunity and Products on social networking sites such as “Facebook” and “Twitter;” video sites such as “YouTube” and “Google Video;” and blogging sites such as “WordPress” and “Blogger” (collectively “Social Media Sites”), provided the following conditions are met:
All text, audio and video postings do not contain Product or income claims. For Product information, Affiliates may refer viewers to their 3MTea™ website, or a 3MTea™ Social media site
Retail Sale through Retail or Service Establishments:
Section 9 Breach of Contract Procedures
Conditional Obligations. 3MTea™’s obligations to an Affiliate are conditioned upon the Affiliate’s faithful performance of the terms and conditions of the Contract. 3MTea™, in its sole discretion, will determine if an Affiliate is in breach of the Contract and may elect any or all available remedies.
Remedies. In the event of breach, 3MTea™ may elect to take no action or to exercise some or all contractual remedies and remedies at law or in equity, including, but not limited to:
Notify the Affiliate either in writing or verbally of the breach and providing a notice to cure the breach;
Require from the Affiliate additional assurances of future compliance;
Withhold or deny recognition and attendant perks;
Assess damages and withhold them from commission payments;
Suspend Affiliate Rights temporarily or permanently;
Seek injunctive relief;
Terminate the Contract; and
Seek damages and associated costs.
Reporting Contract Breaches.
Cross-Company Recruiting violations must be brought to 3MTea™’s attention within three (3) months of the alleged violation. Failure to report a violation within that time period may result in 3MTea™ not pursuing the allegations in order to prevent the Affiliate Business from being disrupted due to stale claims. However, this policy does not waive 3MTea™’s right to investigate and discipline Affiliates found guilty of the stale claims.
Circumvention of the Contract. The Contract is designed to protect Affiliates and 3MTea™ from the adverse consequences of their violation. Affiliates who intentionally circumvent the Contract to accomplish indirectly what is prohibited directly will be disciplined as if the applicable policy or rule had been broken directly. In such circumstances, all of the available remedies as stated above will be available to 3MTea™. The Contract is not intended to give an Affiliate the right to enforce the Contract against another Affiliate directly, or to take any legal action against another Affiliate.
Section 10 Termination
An Affiliate may terminate the Contract by submitting to 3MTea™ in writing said request
3MTea™ may terminate the Contract if the Affiliate violates the terms of the Contract
If the Affiliate has not engaged in Affiliate Business for six (6) months, as determined by 3MTea™ in its sole discretion, 3MTea™ may terminate the agreement and roll up the down line
Upon termination from either party for any reason the company may roll up the down line to the next active up line affiliate in the deleted affiliates enrollment tree.
Section 11 FEES
Payout Fees: 3MTea™ may charge from Zero to $3.00 USD per payment for Payments made to Affiliates for accounting, funds transferring, and processing fees
And other reasonable fees as from time to time may be assessed or created
Section 12 Miscellaneous
Entire Agreement. The Contract contains the entire understanding concerning the subject matter hereof between 3MTea™ and the Affiliate, and is intended as a final, complete, and exclusive expression of the terms of the parties. This Contract supersedes and replaces all prior negotiations and proposed, but unexecuted agreements, either written or oral. Any prior agreements, promises, negotiations, or representations, either written or oral, relating to the subject matter of this Contract, are of no force or effect. If there is any discrepancy between verbal representations made to the Affiliate by any employee or agent of 3MTea™ and the terms of the Contract, the express written terms and requirements of the Contract will prevail.
Headings. The section and subsection headings in the Contract are inserted solely as a matter of convenience and for reference, and will not be considered in the construction or interpretation of any provision hereof. Unless the context otherwise specifically requires, all references to sections of the Contract will refer to all subsections thereof.
Modifications by 3MTea™. 3MTea™ reserves the right to make any modifications to the Contract, provided that the modifications are communicated by 3MTea™ to the Affiliate at least thirty (30) days prior to taking effect. 3MTea™ may communicate these modifications by posting any portion of the modified Contract on 3MTea™’s website at www.3MTea™.com, or by any other method of communication. The Affiliate is deemed to have accepted the modification to the Contract if the Affiliate engages in any Affiliate Business, renews its Affiliateship, or accepts Commissions after the thirty (30) day period is ended.
Ambiguities. Ambiguities, if any, in the Contract shall not be construed against any party, regardless of which party may be deemed to have authored the ambiguous provision.
Warranties. 3MTea™ extends no product warranties, either expressed or implied, beyond those specifically articulated in the Contract. 3MTea™ disclaims and excludes all warranties regarding possible infringement of any United States or foreign patent, trademark, trade name, copyright, or trade secret arising from the Affiliate’s operations. 3MTea™ HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
Waiver. Any waiver by 3MTea™ of an Affiliate’s breach of a Contract provision must be in writing and will not be construed as a waiver of any subsequent or additional breach by the Affiliate. The failure by 3MTea™ to exercise any right or privilege under the Contract will not constitute a waiver of that right or privilege.
Severability. If any term or condition of this Contract is judicially invalidated, prohibited, or otherwise rendered unenforceable in any jurisdiction, it is unenforceable only to the extent of the invalid, prohibited or unenforceable provision in that jurisdiction only, and it will not render unenforceable or invalidate any other provision of the Contract, nor will the Contract be rendered unenforceable or invalidated in another jurisdiction. Furthermore, any provision found unenforceable may be partly enforced to the maximum extent enforceable under the law.
Force Majeure. Affiliate acknowledges that 3MTea™ is not liable for any damages or losses caused by the delay or inability to manufacture, sell, or deliver its products due to labor strikes, accidents, fire, flood, acts of civil authority, acts of God, acts of terrorists, or from any other causes that are beyond the control of 3MTea™.
Governing Law; Dispute. The State of Utah is the place of the origin of this Contract and is where 3MTea™ accepted the offer of the Applicant to become an Affiliate and where the Affiliate entered into the Contract with 3MTea™. The Contract is therefore to be construed in accordance with the laws in force in the State of Utah in the United States of America (without regard to conflicts of laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods) as to contracts made and to be wholly performed within the State. The Affiliate irrevocably submits to the exclusive jurisdiction of courts within the State of Utah with respect to all legal proceedings arising under, or in connection with this Contract. The Affiliate irrevocably waives, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to the laying of the venue of any such proceeding brought in such court and any claim that any such proceeding brought in such court has been brought in an inconvenient forum. If a dispute arises between 3MTea™ and the Affiliate in relation to this Contract, neither party may commence court proceedings in relation to the dispute unless (a) it has complied with this Section 10(I), (b) it seeks urgent injunctive relief only without a bond (a temporary restraining order, preliminary injunction and all other forms of interim relief available to the party filing the action); or (c) the other party has not complied with this Section 10(I). If a dispute arises between the parties in relation to this Contract, either party shall give notice of the dispute to the other party, which notice must be in writing, with a receipt of delivery to the other party and state in detail the nature and specific points of the dispute (“Dispute Notice”). Upon receipt of a Dispute Notice, the parties shall use all reasonable endeavors to negotiate in good faith a resolution of the dispute within thirty (30) calendar days of the receipt of the Dispute Notice. If the parties do not resolve the dispute within the thirty (30) calendar day period, either party may, within the next thirty (30) calendar days, by notice to the other party (“Mediation Notice”), request the dispute to be attempted to be resolved by mediation. If Mediation Notice is given, each party shall fully cooperate and participate in the mediation process to try and come to resolution of the dispute. The parties agree that the mediation shall be conducted by one (1) mediator chosen by mutual agreement or if the parties cannot agree the mediator shall be chosen through Judicial Arbitration and Mediation Services (“JAMS”) mediation process and rules and the mediation shall take place in Salt Lake City, Utah. The parties shall bear equally the costs and expenses of mediation; however, each party shall bear the costs and expenses of its own counsel as applicable. If no Mediation Notice is given within such time period, the parties may commence legal proceedings. The parties expressly waive any objections to personal jurisdiction or venue of such courts and to the mediation being conducted in or within 50 miles of Salt Lake City, Utah, United States of America. Affiliate and 3MTea™ waive their right to commence, be a party to or class member of, a collective action in any court action against the other party or relating to the Contract. Further, 3MTea™ and Affiliate waive their right to commence or be a party to any group, class or collective action claim in arbitration or any other forum. The parties agree that any claim by or against Affiliate or 3MTea™ shall be heard without consolidation of such claim with any other Person or entity’s claim and explicitly waive the right to trial by jury in any litigation.
Attorneys’ Fees. If any suit, action, or proceeding (excluding mediation as provided above herein) is brought to enforce any term or provision of this Contract, the prevailing party shall be entitled to recover reasonable attorneys’ fees, costs, and expenses incurred, in addition to any other relief to which such party may be legally entitled.
Successors and Assigns. The Contract will be legal and binding upon and inure to the benefit of the heirs, devisees, executors, administrators, personal representatives, successors, and assigns (as applicable) of the respective parties hereto.
Limitation of Liability. To the extent permitted by law, 3MTea™, its directors, officers, members, managers, shareholders, employees, assigns and agents (collectively referred to as “Responsible Parties”) shall not be liable for, and the Affiliate releases 3MTea™ and its Responsible Parties from and waive all claims, for any loss of profits, indirect, direct, special or consequential damages, and for any other losses incurred or suffered by Affiliates as a result of: (i) Affiliate’s breach of the Contract, (ii) the promotion or operation of the Affiliateship and the Affiliateship Business; (iii) Affiliate’s incorrect or wrong data or information provided to 3MTea™ or its Responsible Parties; or (iv) the Affiliate’s failure to provide any information or data necessary for 3MTea™ to operate its business. Each affiliate agrees that the entire liability of 3MTea™ and its responsible parties for any claim whatsoever related to the contract, but not limited to, any cause of action sounding in contract, tort, or equity, shall not exceed, and shall be limited to, the amount of products the affiliate has purchased from 3MTea™ that are in resalable condition.