1.1 Mutual Commitment Statement
Oikaa (“hereafter as “Oikaa” and the “Company”) is a Direct Selling company that
recognizes in order to develop a long-term and mutually rewarding relationship with
its Business Owners (“Independent Marketers”) and customers, Oikaa and the Independent
Marketers must acknowledge and respect the true nature of the relationship and support
In the spirit of mutual respect and understanding,
Oikaa is committed to:
I. Provide prompt, professional, and courteous service and communications to all
of its Independent Marketers and customers;
II. Provide the highest level of quality products, at fair and reasonable prices;
III. Exchange or refund the purchase price of any product or membership as provided
in our Return Policy:
IV. Deliver orders promptly and accurately;
V. Pay commissions accurately and on a timely basis;
VI. Expedite orders or checks if an error or unreasonable delay occurs;
VII. Roll out new products, memberships and programs with Independent Marketers
input and planning;
VIII. Implement changes in the Compensation Plan or Policies and Procedures that
affect the Independent Marketers with input from the Independent Marketers;
IX. Support, protect and defend the integrity of the Oikaa Business Opportunity;
X. Offer Independent Marketers an opportunity to grow with Oikaa.
In return, Oikaa expects that its Independent
I. Conduct themselves in a professional, honest, and considerate manner;
II. Present Oikaa Corporate and product information in an accurate and professional
III. Present the Compensation Plan and Return Policy in a complete and accurate
IV. Not make exaggerated income claims;
V. Make reasonable effort(s) to support and train Independent Marketers and customers
in their downline;
VI. Not engage in cross-line recruiting, unhealthy competition, or unethical business
VII. Provide positive guidance and training to Independent Marketers and customers
in their downline while exercising caution to avoid interference with other downlines.
As such, an Independent Marketer is discouraged from providing cross-line training
to an Independent Marketer or Customer in a different organization without first
obtaining consent of the Independent Marketer’s or Customer’s upline leader;
IX. Support, protect, and defend the integrity of the Oikaa Business Opportunity;
X. Accurately complete and submit the Independent Marketer Agreement and any requested
supporting documentation in a timely manner.
1.2 Oikaa Policies and Compensation Plan
Incorporated into the Independent Marketers Agreement
A. Throughout these Policies, when the term “Agreement” is used, it collectively
refers to the Oikaa Agreement, these Policies and Procedures, and the Oikaa Compensation
B. It is the responsibility of the Sponsoring Independent Marketer to provide the
most current version of these Policies and Procedures (available on the Oikaa website)
and the Oikaa Compensation Plan to each applicant prior to his, her and/or its execution
of an Independent Marketer Agreement.
1.3 Purpose of Policies
A. Oikaa is a direct sales company that markets products and services through a
network of business owners / Independent Marketers. To clearly define the relationship
that exists between Independent Marketers and Oikaa, and to explicitly set a standard
for acceptable business conduct, Oikaa has established these Policies and Procedures.
B. Oikaa Independent Marketers are required to comply with; (i)all of the Terms
and Conditions set forth in the Independent Marketer Agreement, which Oikaa may
amend from time to time in its sole discretion; (ii) all Federal, State, Provincial,
Territorial, and/or local laws governing his, her and/or its Oikaa business; and
(iii) these Policies and Procedures.
C. Oikaa Independent Marketers must review the information in these Policies and
Procedures carefully. Should an Independent Marketer have any questions regarding
a policy or rule, the Independent Marketer is encouraged to seek an answer from
their Sponsor or any other upline Independent Marketer. If further clarification
is needed the Independent Marketer may contact Oikaa Customer Service.
1.4 Changes, Amendments, and Modifications
A. Because Federal, State, and local laws, as well as the business environment,
periodically change, Oikaa reserves the right to amend the Agreement and the prices
in its Oikaa Product Price List in its sole and absolute discretion. Notification
of amendments shall appear in Official Oikaa Materials. This provision does NOT
apply to the arbitration clause found in Section 13, which can only be modified
via mutual consent.
B. Any such amendment, change, or modification shall be effective immediately upon
notice by one of the following methods:
I. Posting on the official Oikaa website;
II. Electronic mail (e-mail); or
III. In writing through the Oikaa newsletters or other Oikaa communication channels.
Oikaa shall not be responsible for delays or failures in performance of its obligations
when such failure is due to circumstances beyond its reasonable control. This includes,
without limitation, strikes, labor difficulties, transportation difficulties, riot,
war, fire and/or weather, curtailment of a source of supply, or government decrees
1.6 Effective Date
These Policies and Procedures shall become effective as of September 22, 2018 and,
at such time, shall automatically supersede any prior Policies and Procedures (the
“old Policies and Procedures”), and, on that date, the old Policies and Procedures
shall cease to have any force or effect.
2.0 BASIC PRINCIPLES
2.1 Becoming an Oikaa Independent Marketers
A. To become an Independent Marketers Independent Marketer, an applicant must comply
with the following requirements:
I. Be of the age of majority (not a minor) in his or her state of residence;
II. Reside or have a valid address in the Egypt, United States, or a U.S. territory
Or any country that is open for business for Oikaa.
III. Have a valid taxpayer identification number (i.e. Social Security Number, Federal
Tax ID Number, ITIN, etc.);
IV. Submit a properly completed and signed Independent Marketers Agreement to Oikaa;
V. Not be an Oikaa employee, the Spouse of a Oikaa employee or related to an employee
of Oikaa and living in the same household as such Oikaa employee.
2.2 New Independent Marketers Registration
A. A potential new Independent Marketer may self-enroll on the Sponsor’s website.
In such event, instead of a physically signed Independent Marketer Agreement, Oikaa
will accept the Web-enrollment and Independent Marketer Agreement by accepting the
“electronic signature” stating the new Independent Marketer has accepted the Terms
and Conditions of such Independent Marketer Agreement. Please note that such electronic
signature constitutes a legally binding agreement between the Independent Marketer
B. Oikaa reserves the right to require signed paperwork for any account, regardless
C. If requested the signed Independent Marketer Agreement must be received by Oikaa
within 14 days of enrollment.
D. Signed documents, including, but not limited to, Independent Marketer personal
agreements, and are legally binding contracts which must not be altered, tampered
with, or changed in any manner after they have been signed. False or misleading
information, forged signatures, or alterations to any document, including business
registration forms, made after a document has been signed may lead to sanctions,
up to and including involuntary termination of the Independent Marketer’s position.
2.3 Rights Granted
A. Oikaa hereby grants to the Independent Marketer a non-exclusive right, based
upon the Terms and Conditions contained in the Independent Marketer Agreement and
these Policies and Procedures, to:
I. Purchase Oikaa products and membership;
II. Promote and sell Oikaa products and membership
III. Sponsor new Independent Marketers and customers in the United States, Egypt
and in countries where Oikaa may become established after the effective date of
these Policies and Procedures.
2.4 Identification Numbers
A. Each Independent Marketer is required to provide his or her Social Security Number,
Federal Tax Identification Number, or Passport if located in the United States or
any of its territories, to Oikaa on the Independent Marketer Agreement. Oikaa reserves
the right to withhold commission payments from any Independent Marketer who fails
to provide such information or who provides false information.
B. Upon enrollment, Oikaa will provide an Oikaa Identification Number to the Independent
Marketer. This number will be used to place orders, structure organizations, and
track commissions and bonuses.
2.5 Renewals and Expiration of the Associate
A. If the Independent Marketer allows his or her Independent Marketer Agreement
to expire due to nonpayment, the Independent Marketer will lose any and all rights
to his, her or its downline organization unless the Independent Marketer re-activates
within 30 days following the expiration of the Agreement.
B. If the former Independent Marketer re-activates within the 30-day time limit,
the Independent Marketer will resume the rank and position held immediately prior
to the expiration of the Independent Marketer Agreement. However, such Independent
Marketer’s paid as level will not be restored unless he, she and/or an entity qualifies
at that payout level in the new month. The Independent Marketer is not eligible
to receive commissions for the time period that the Independent Marketer’s position
C. Any Independent Marketer who was terminated or whose Agreement has expired and
lapsed the 30-day grace period is not eligible to re-apply for an Oikaa business
for 12 months following the expiration of the Independent Marketer Agreement. All
signs up not credited within the 12 months
D. The downline of the expired Independent Marketer will roll up to the immediate,
active upline Sponsor.
2.6 Independent Business Relationship; Indemnification
A. The Oikaa Independent Marketer is an independent contractor, and not a purchaser
of a franchise or business opportunity. Therefore, each Independent Marketer’s success
depends on his or her independent efforts.
B. The Agreement between Oikaa and its Independent Marketers does not create an
employer/employee relationship, agency, partnership, or joint venture between Oikaa
and the Independent Marketer.
C. An Oikaa Independent Marketer shall not be treated as an employee of Oikaa for
any purposes, including, without limitation, for Federal, State, or Provincial tax
purposes. All Independent Marketers are responsible for paying local, State, Provincial,
and Federal taxes due from all compensation earned as an Independent Marketer of
Oikaa. Any other compensation received by Independent Marketers from Oikaa will
be governed by applicable U.S. or Canadian tax laws (or the tax laws of any other
applicable jurisdiction). The Independent Marketer has no express or implied authority
to bind Oikaa to any obligation or to make any commitments by or on behalf of Oikaa.
Each Independent Marketer, whether acting as management of a Business Entity or
represented as an individual, shall establish his or her own goals, hours, and methods
of operation and sale, so long as he or she complies with the Terms of the Independent
Marketer Agreement, these Policies and Procedures and applicable State, Federal
and Provincial laws.
D. The Oikaa Independent Marketer is fully responsible for all of his or her verbal
and written communications made regarding Oikaa products, services, and the Compensation
Plan that are not expressly contained within official Oikaa materials. Associates
shall indemnify and hold harmless Oikaa, its directors, officers, employees, product
suppliers and agents from any and against all liability including judgments, civil
penalties, refunds, attorney fees and court costs incurred by Oikaa as a result
of the Independent Marketer’s unauthorized representations or actions. This Provision
shall survive the termination of the Oikaa Independent Marketer Agreement.
2.7 Errors or Questions
A. If an Independent Marketer has questions about, or believes any errors have been
made regarding commissions, bonuses, business reports, orders, or charges, the Independent
Marketer must notify Oikaa in writing within 30 days of the date of the error or
incident in question. Any such errors, omissions or problems not reported within
30 days shall be deemed waived by the Independent Marketer.
2.8 INDEPENDENT MARKETER RESPONSIBILITIES
2.9 Correct Addresses
A. It is the responsibility of the Independent Marketer or Customer to make sure
Oikaa has the correct shipping address before any orders are shipped.
B. An Independent Marketer or Customer will need to allow up to 30 days for processing
after the notice of address change has been received by Oikaa.
C. An Independent Marketer or Customer may be assessed a $20 fee for returned shipments
due to an incorrect shipping address.
3.2 Training and Leadership
A. Any Oikaa Independent Marketer Who Sponsors another Independent Marketer into
Oikaa must perform an authentic assistance and training function to ensure his or
her downline is properly operating his or her Oikaa business. Sponsoring Independent
Marketers should have ongoing contact and communication with the Independent Marketers
in their downline organizations. Examples of communication may include, but are
not limited to, newsletters, written correspondence, telephone, contact, team calls,
voice- mail, e-mail, personal meetings, accompaniment of downline Independent Marketers
to Oikaa meetings, training sessions and any other related functions.
B. A Sponsoring Oikaa Independent Marketer should monitor the Independent Marketers
in his or her downline organizations to ensure that downline Independent Marketers
do not make improper product or business claims, or engage in any illegal or inappropriate
conduct. Upon request, such Independent Marketer should be able to provide documented
evidence to Oikaa of his or her ongoing fulfillment of the responsibilities of a
Sponsor. C. Upline Independent Marketers are encouraged to motivate and train
new Independent Marketers about Oikaa’s products and services, effective sales techniques,
the Oikaa Compensation Plan and compliance with company Policies and Procedures.
D. Marketing product is a required activity in Oikaa and must be emphasized in all
F. We emphasize and encourage all Independent Marketers to sell Oikaa’s products
and membership to customers.
G. Use of Sales Aids. To promote both the products and the opportunity Oikaa offers,
Independent Marketers must use the sales aids and support materials produced by
Oikaa. If Oikaa Independent Marketers develop their own sales aids and promotional
materials, which includes Internet advertising, notwithstanding the Independent
Marketers’ good intentions, they may unintentionally violate any number of statutes
or regulations affecting the Oikaa business. These violations, although they may
be relatively few in numbers, could jeopardize the Oikaa opportunity for all Independent
Accordingly, Independent Marketer must submit all written sales aids, promotional
materials, advertisement, websites, and other literature to the company for company’s
approval prior to use. Unless the Independent Marketer receives specific written
approval to use the material, the request shall be deemed denied. All Independent
Marketers shall safeguarding promote the good reputation of Oikaa and its products.
The marketing and promotion of Oikaa, the Oikaa opportunity, the compensation plan,
and Oikaa products and services shall be consistent with the public interest, and
must avoid all discourteous, deceptive, misleading, unethical, or immoral conduct
3.3 Constructive Criticism; Ethics
A. Oikaa desires to provide its independent Marketers with the best products and
services and Compensation Plan in the industry. Accordingly, Oikaa values constructive
criticism and encourages the submission of written comments addressed to Oikaa Compliance
B. Negative and disparaging comments about Oikaa, its products or Compensation Plan,
by Independent Marketers made to Oikaa, in the Field or at Oikaa meetings or events,
or disruptive behavior at Oikaa meetings or events, serve no purpose other than
to dampen the enthusiasm of other Oikaa Independent Marketers. Oikaa Independent
Marketers must not belittle Oikaa, other Oikaa Independent Marketers, Oikaa products
or services, the Compensation Plan, or Oikaa directors, officers, or employees,
product suppliers or agents. Such conduct represents a material breach of these
Policies and Procedures and may be subject to sanctions as deemed appropriate by
C. Oikaa Endorses the Following Code of Ethics:
I. An Oikaa Independent Marketer must show fairness, tolerance, and respect to all
people Independent Marketer with Oikaa, regardless of race, gender, social class,
or religion, thereby fostering a “positive atmosphere” of teamwork, good morale,
and community spirit.
II. An Independent Marketer shall strive to resolve business issues, including situations
with upline and downline Independent Marketers, by emphasizing tact, sensitivity,
good will and taking care not to create additional problems.
III. Oikaa Independent Marketers must be honest, responsible, professional and conduct
themselves with integrity.
IV. Oikaa Independent Marketers shall not make disparaging statements about Oikaa,
other Independent Marketers, Oikaa employees, product suppliers or agents, products,
services, sales and marketing campaigns, or the Compensation Plan, or make statements
that unreasonably offend, mislead, or coerce others.
D. Oikaa may take appropriate action against an Independent Marketer if it determines,
in its sole discretion, that an Independent Marketer’s conduct is detrimental, disruptive,
or injurious to Oikaa or to other Independent Marketers.
3.4 Reporting Policy Violation
A. An Independent Marketer who observes a policy violation by another Independent
Marketer should submit a written and signed letter (e-mail will not be accepted)
of the violation directly to the Oikaa Corporate office. The letter shall set forth
the details of the incident as follows:
I. The nature of the violation;
II. Specific facts to support the allegations;
IV. Number of occurrences;
V. Persons involved; and
VI. Supporting documentation
B. Once the matter has been presented to Oikaa, it will be researched thoroughly
by the Compliance Department and appropriate action will be taken if required.
C. This section refers to the general reporting of Policy violations as observed
by other Independent Marketers for the mutual effort to support, protect, and defend
the integrity of the Oikaa business and opportunity. If an Independent Marketer
has a grievance or complaint against another Independent Marketer which directly
relates to his or her Oikaa business, the Procedures set forth in these Policies
must be followed.
A. The Sponsor is the person who introduces an Independent Marketer or Customer
to Oikaa, helps them complete their enrollment, and supports and trains those in
B. Oikaa recognizes the Sponsor as the name(s) shown on the first:
I. Physically signed Oikaa Independent Marketer Agreement on file; or
II. Electronically signed Independent Marketer Agreement from a website or a Oikaa
Independent Marketers website.
C. An Independent Marketer Agreement that contains notations such as “by phone”
or the signatures of other individuals (i.e. Sponsors, Spouses, relatives, or friends)
is not valid and will not be accepted by Oikaa.
D. Oikaa recognizes that each new prospect has the right to ultimately choose his
or her own Sponsor, but Oikaa will not allow Independent Marketers to engage in
unethical sponsoring activities.
E. All active Independent Marketers in good standing have the right to Sponsor and
enroll others into Oikaa While engaged in sponsoring activities, it is not uncommon
to encounter situations when more than one Independent Marketer will approach the
same prospect. It is the accepted courtesy that the new prospect will be sponsored
by the first Independent Marketer who presented a comprehensive introduction to
Oikaa products or business opportunity. The first Independent Marketer will have
30 days to sign the new prospect or another Independent Marketer may sign up the
F. A Protected Prospect is a guest of any Oikaa Independent Marketer or Customer
who attended an Oikaa event or conference call. For 30 days following the event,
a Protected Prospect cannot be solicited or sponsored by any other Oikaa Independent
Marketer who attended the same event. A Oikaa event can be defined as the following:
I. Any Oikaa training session;
II. Conference call;
III. Fly-in meeting;
IV. Presentation, including but not limited to an Oikaa at home presentation, whether
sponsored by Oikaa, an Independent Marketer, a Customer, or an agent or agency designated
3.6 Cross Sponsoring Prohibition
A. “Cross sponsoring” is defined as the enrollment into a different line of sponsorship
of an individual, or, that already has a signed Independent Marketer Agreement.
Actual or attempted cross sponsoring is not allowed. If cross sponsoring is verified
by Oikaa, sanctions up to and including termination of an Independent Marketer’s
position may be imposed.
B. The use of a Spouse’s or relative’s name, trade names, assumed names, DBA names,
corporation, partnership, trust, Federal ID numbers, or fictitious ID numbers to
evade or circumvent this Policy is not permitted.
C. This Policy does not prohibit the transfer of an Oikaa business in accordance
with Oikaa Sale or Transfer Policy set forth in these Policies.
3.7 Adherence to the Oikaa Compensation Plan
A. An Independent Marketer must adhere to the Terms of the Oikaa Compensation Plan
as set forth in these Policies and Procedures as well as in official Oikaa literature.
Deviation from the Compensation Plan is prohibited.
B. An Independent Marketer shall not offer the Oikaa opportunity through, or in
combination with, any other system, program, or method of marketing other than that
specifically set forth in official Oikaa literature.
C. An Independent Marketer shall not require or encourage a current or prospective
Customer or Independent Marketer to participate in Oikaa in any manner that varies
from the Compensation Plan as set forth in official Oikaa literature.
D. An Independent Marketer shall not require or encourage a current or prospective
Customer or Independent Marketer to make a purchase from or payment to any individual
or other entity as a condition to participating in the Oikaa Compensation Plan,
other than such purchases or payments required to naturally build their business.
3.8 Adherence to Laws and Ordinances
A. Many cities and counties have laws regulating certain home-based businesses.
In most cases, these ordinances do not apply to Independent Marketers because of
the nature of the business. However, Independent Marketers must check their local
laws and obey the laws that do apply to them.
B. An Oikaa Independent Marketer shall comply with all Federal, State, Provincial
and local laws and regulations in their conduct of his or her Oikaa business.
3.9 Compliance with Applicable Income Tax
A. Oikaa will automatically provide a complete 1099 Miscellaneous Income Tax form
(non employee compensation) to each US Independent Marketer whose earnings for the
year is at least $600 or who has purchased more than $5,000 of Oikaa products for
resale, or who received trips, prizes or awards valued at $600 or more. If earnings
and purchases are less than stated above, IRS forms will be sent only at the request
of the Independent Marketer, and a minimum charge of $20 may be assessed by Oikaa.
Canadian T-4’s will be sent to Independent Marketers who earn more than $500 or
who received trips, prizes, or awards valued at $500 or more. Oikaa Independent
Marketers are responsible for the payment of taxes on these trips, prizes, or awards
provided to them by Oikaa.
B. An Independent Marketer accepts sole responsibility for and agrees to pay all
Federal, State, Provincial and local taxes on any income generated as an independent
Independent Marketer, and further agrees to indemnify Oikaa from any failure to
pay such tax amounts when due. C. If an Independent Marketer’s business is
tax exempt, the Federal Tax Identification number must be provided to Oikaa in writing.
D. Oikaa encourages all Independent Marketers to consult with a tax advisor for
additional information for their business.
E. Worldwide, personal responsibilities to pay according to their country regulatory
3.10 One Oikaa Business Per Associate
A. An Independent Marketer may operate or have an ownership interest, legal or equitable,
as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only
one (1) Oikaa business. No individual may have, operate, or receive compensation
from more than one Oikaa business. Individuals of the same family unit may each
enter into or have an interest in their own separate Oikaa businesses, only if each
subsequent family position is placed frontline to the first family member enrolled.
A “family unit” is defined as Spouses and dependent children living at or doing
business at the same address.
3.11 Actions of Household Members or Associated
If any member of an Associate’s immediate household engages in any activity which,
if performed by the Associate, would violate any provision of the Agreement, such
activity will be deemed a violation by the Associate and Oikaa may take disciplinary
action pursuant to these Policies and Procedures against the Associate. Similarly,
if any individual Independent Marketer in any way with a corporation, partnership,
LLC, trust, or other entity (collectively “Business Entity”) violates the Agreement,
such action(s) will be deemed a violation by the Business Entity, and Oikaa may
take disciplinary action against the Business Entity. Likewise, if an Associate
enrolls in Oikaa as a Business Entity, each Associated Party of the Business Entity
shall be personally and individually bound to, and must comply with, the Terms and
Conditions of the Agreement.
3.12 Solicitation for Other Companies or
A. An Oikaa Independent Marketer may participate in other direct sales, multilevel,
network marketing or relationship marketing business ventures or marketing opportunities.
However, during the Term of this Agreement and for one (1) year thereafter, an Oikaa
Independent Marketer may not recruit any Oikaa Independent Marketer or Customer
for any other direct sales or network marketing business, unless that Independent
Marketer or Customer was personally sponsored by such Independent Marketer.
B. The term “recruit” means actual or attempted solicitation, enrollment, encouragement,
or effort to influence in any other way (either directly or through a third party),
another Independent Marketer or Customer to enroll or participate in any direct
sales or network marketing opportunity. This conduct represents recruiting even
if the Independent Marketer’s actions are in response to an inquiry made by another
Independent Marketer or Customer.
C. During the term of this Agreement and for a period of six (6) months thereafter,
any Oikaa Independent Marketer must not sell, or entice others to sell, any competing
products or services, including training materials, to Oikaa customers or Independent
Marketers. Any product or service in the same category as an Oikaa product or service
is deemed to be competing (i.e., any competing product or service regardless of
differences in cost or quality. This provision does not apply where professional
services are the primary source of revenue and the product sales are secondary (e.g.,
doctor’s offices, clinics, health clubs, spas, and beauty salons).
D. An Independent Marketer may NOT sell non-competing products, memberships or services
to Oikaa customers and Independent Marketers that they personally sponsored.
E. An Independent Marketer may not display or bundle Oikaa products or services,
in sales literature, on a website or in sales meetings, with any other products
or services to avoid confusing or misleading a prospective Customer or Independent
Marketer into believing there is a relationship between the Oikaa and non-Oikaa
products and services.
F. An Oikaa Independent Marketer may not offer any non-Oikaa opportunity, products,
or services at any Oikaa related meeting, seminar, or convention, or immediately
following an Oikaa event.
G. A violation of any of the provisions in this section shall constitute unreasonable
and unwarranted contractual interference between Oikaa and its Independent Marketers
and would inflict irreparable harm on Oikaa. In such event, Oikaa may, at its sole
discretion, impose any sanction it deems necessary and appropriate against such
Independent Marketer or such Independent Marketer’s positions including termination,
or seek immediate injunctive relief without the necessity of posting a bond.
3.13 Presentation of the Oikaa Opportunity
A. In presenting the Oikaa opportunity to potential customers and Independent Marketers,
an Independent Marketer is required to comply with the following provisions:
I. An Independent Marketer shall not misquote or omit any significant material fact
about the Compensation Plan.
II. An Independent Marketer shall make it clear that the Compensation Plan is based
upon sales of Oikaa products and services and upon the sponsoring of other Associates.
III. The checks' currency is based on the sales currency; In order to receive checks
in USD, 75% of the network's sales should be in USD. If the above percent is not
achieved , the IM will receive a change of plan notification and the account will
be changed into the EGP compensation plan.
IV. An Independent Marketer shall make it clear that success can be achieved only
through substantial independent efforts.
V. An Oikaa Independent Marketer shall not make unauthorized income projections,
claims, or guarantees while presenting or discussing the Oikaa opportunity or Compensation
Plan to prospective Independent Marketers or customers.
VI. An Independent Marketer may not make any claims regarding products or services
of any products offered by Oikaa, except those contained in official Oikaa literature.
VII. An Independent Marketer may not use official Oikaa material to promote the
Oikaa business opportunity in any country where Oikaa has not established a “presence.”
3.14 Sales Requirements are Governed by the
A. Oikaa Independent Marketers may purchase Oikaa products and then re-sell them
at any price they choose unless otherwise specified by Oikaa or by any/its product
suppliers on a per product basis. Oikaa will provide suggested selling prices. There
are no exclusive territories granted to anyone. No franchise fees are applicable
to an Oikaa business.
B. The Oikaa program is built on sales to the ultimate consumer. Independent Marketer
C. Each Oikaa Associate commits to personally use, sell, or use in business building
at least 70% of every order placed with the Company prior to placing another order,
and must be able to certify to such if demanded by the Company or by any regulatory
agency. Purchasing product solely for collecting bonuses or achieving rank is prohibited.
Oikaa retains the right to limit the amount of purchases you may make if, in our
sole judgment, we believe those purchases are being made solely for qualification
purposes instead of for consumption or resale.
D. Independent Marketers may not manipulate the compensation plan in any way to
generate non-authorized commissions and bonuses.
4.1 General Order Policies
A. “Bonus Buying” is strictly and absolutely prohibited. Bonus Buying includes;
(a) the enrollment of individuals or entities without the knowledge of and/or execution
of an Agreement by such individuals or Business Entities; (b) the fraudulent enrollment
of an individual or entity as an Independent Marketer or Customer; (c) the enrollment
or attempted enrollment of non-existent individuals or Business Entities as Associates
or customers (“phantoms”); (d) purchasing Oikaa products or services on behalf of
another Associate or Customer, or under another Associate’s or Customer’s ID number,
to qualify for commissions or bonuses; (e) purchasing excessive amounts of products
or services that cannot reasonably be used or resold in a month; and/or (f) any
other mechanism or artifice to qualify for rank advancement, incentives, prizes,
commissions, or bonuses that is not driven by bona fide product or service purchases
by end user consumers.
An Associate shall not permit other Associates or Customers to use his or her credit
card, or permit debits to his or her checking or savings account, to enroll in or
to make purchases Oikaa. An Associate shall not use the credit card or debit card
of a third party, or make debits to the checking or savings account of a third party,
to enroll in or to make purchases from Oikaa. An exception may be made to this policy
upon written application by an Associate. Unless the application for an exemption
to this policy is provided in writing by Oikaa to the Associate, such application
will be deemed to be denied.
B. Regarding an order with an invalid or incorrect payment, Oikaa will attempt to
contact the Independent Marketer by phone, mail, or e-mail in order to obtain another
form of payment. If these attempts are unsuccessful after 10 business days, the
order will be canceled.
C. If an Independent Marketer wants to move an order to another Independent Marketer’s
position, he or she must have prior authorization, of all parties involved. Oikaa
will charge the Independent Marketer a $20 fee for processing.
D. Prices are subject to change without notice.
E. An Independent Marketer or Customer who is a recipient of a damaged or incorrect
order must notify Oikaa within one day from receipt of the order and follow the
Procedures as set forth in these Policies.
4.2 Insufficient Funds
A. All checks returned for insufficient funds will be re-submitted for payment.
A $35 fee will be charged to the account of the Independent Marketer or Customer
for all returned checks and insufficient funds.
B. Any outstanding balance owed to Oikaa by an Independent Marketer or Customer
of the Independent Marketer from NSF (non-sufficient funds) checks, returned check
fees or insufficient fund fees (ACH) will be withheld by Oikaa from an Independent
Marketer’s future bonus and commission checks.
C. All transactions involving returned checks or insufficient funds through ACH
or credit card, which are not resolved in a timely manner by the Independent Marketer,
constitute grounds for disciplinary sanctions.
D. If a credit card order or automatic debit is declined the first time, the Customer
or Independent Marketer will be contacted for an alternate form of payment. If payment
is declined a second time, the Customer or Independent Marketer may be deemed ineligible
to purchase Oikaa products or services or participate in the monthly auto ship.
4.3 Sales Tax Obligation
A. The Independent Marketer shall comply with all State, Provincial, and local taxes
and regulations governing the sale of Oikaa products and membership.
B. Oikaa will collect and remit sales tax on Independent Marketer orders unless
an Independent Marketer furnishes Oikaa with the appropriate Resale Tax Certificate
form. When orders are placed with Oikaa, sales tax is prepaid based upon the suggested
retail price. Oikaa will remit the sales tax to the appropriate state, Provincial
and local jurisdictions. The Independent Marketer may recover the sales tax when
he or she makes a sale. Oikaa Independent Marketers are responsible for any additional
sales taxes due on products marked up and sold at a higher price.
C. Oikaa encourages each Independent Marketer to consult with a tax advisor for
additional information for his or her business.
5.0 PAYMENT OF COMMISSIONS & BONUSES
5.1 Bonus and Commission Qualifications
A. An Independent Marketer must be active and in compliance with Oikaa Policies
and Procedures to qualify for bonuses and commissions. So long as an Independent
Marketer complies with the Terms of the Agreement, Oikaa shall pay commissions to
such Independent Marketer in accordance with the Compensation Plan.
B. Oikaa will not issue a payment to an Independent Marketer without the receipt
of a completed and signed Oikaa Independent Marketer Agreement or Electronic Authorization.
C. Oikaa reserves the right to postpone bonus and commission payments until such
time the cumulative amount exceeds $25.
5.2 Computation of Commissions and Discrepancies
A. In order to qualify to receive commissions and bonuses, an Independent Marketer
must be in good standing and comply with the Terms of the Agreement and these Policies
and Procedures. Commissions, bonuses, overrides, and achievement levels are calculated
B. An Oikaa Independent Marketer must review his or her monthly statement and bonus/commission
reports promptly and report any discrepancies within 7 days of receipt. After the
7-day “grace period” no additional requests will be considered for commission recalculations.
C. For additional information on payment of commissions, please review the Compensation
5.3 Adjustments to Bonuses and Commissions
for Returned Products or Independent Marketer Memberships.
A. Associates receive bonuses, commissions, or overrides based on the actual sales
of products and memberships to end consumers. When a service is cancelled or a product
is returned to Oikaa for a refund or is repurchased by the Company, any of the following
may occur at Oikaa’s discretion: (1) the bonuses, commissions, or overrides attributable
to the returned or repurchased product(s) or cancelled service will be deducted
from payments to the Associate and upline Associates who received bonuses, commissions,
or overrides on the sales of the refunded product(s) or cancelled service, in the
month in which the refund is given, and continuing every pay period thereafter until
the commission is recovered; (2) the Associate or upline Associates who earned bonuses,
commissions, or overrides based on the sale of the returned product(s) or cancelled
service will have the corresponding points deducted from their Group Volume in the
next commission period and all subsequent commission periods until it is completely
recovered; or (3) the bonuses, commissions, or overrides attributable to the returned
or repurchased product(s) or cancelled service may be deducted from any refunds
or credits to the Associate who received the bonuses, commissions, or overrides
on the sales of the refunded product(s) or cancelled service.
B. In the event that an Independent Marketer terminates his or her position, and
the amounts of the bonuses or commissions attributable to the returned products
or services have not yet been fully recovered by Oikaa, the remainder of the outstanding
balance may be offset against any other amounts that may be owed by Oikaa to the
terminated Independent Marketer.
6.0 SATISFACTION GUARANTEED AND RETURN OF
Oikaa offers a one hundred percent (100%) seven-days money back guarantee for all
customers. If a Customer purchased a product or service and is not satisfied with
the product or service, the Customer may request a refund from their Independent
Marketer. If you are not 100% satisfied with our products, you may return the items
for a refund if neither you nor we have terminated the Agreement and the products
or services were purchased within twelve 7 days and remain in resalable condition.
The refund shall be ninety percent (90%) of the purchase price. Shipping and handling
charges incurred will not be refunded. Upon cancellation of the Agreement, the Independent
Marketer may return all generic sales aids purchased within one (1) year from the
date of cancellation for a refund if he or she is unable to sell or use the merchandise.
An Independent Marketer may only return sales aids he or she personally purchased
from the Company under his or her Independent Marketer Identification Number, and
which are in Resalable condition. Any custom orders of printed sales aids (i.e.
business cards, brochures, etc.) whereon the Associate’s contact information is
imbedded or hard printed, or has been added by the Associate, are not able to be
returned in resalable condition thus are nonrefundable. Upon Oikaa’s receipt of
the products and sales aids, the Independent Marketer will be reimbursed eighty
percent (80%) of the net cost of the original purchase price(s), less shipping and
handling charges. If the purchases were made through a credit card, the refund will
be credited back to the same credit card account. The Company shall deduct from
the reimbursement paid to the Independent Marketer any commissions, bonuses, rebates,
or other incentives received by the Independent Marketer which were Independent
Marketer with the merchandise that is returned.
6.1 Return Process
A. All returns, whether by a Customer, or Independent Marketer, must be made as
I. Obtain Return Merchandise Authorization (“RMA”) from Oikaa; II. Ship items to
the address provided by Oikaa Customer service when you are given your RMA.
III. Provide a copy of the invoice with the returned products or service. Such invoice
must reference the RMA and include the reason for the return.
IV. Ship back product in manufacturer’s box exactly as it was delivered.
B. All returns must be shipped to Oikaa pre-paid, as Oikaa does not accept shipping
collect packages. Oikaa recommends shipping returned product by UPS or FedEx with
tracking and insurance as risk of loss or damage in shipping of the returned product
shall be borne solely by the Customer, or Independent Marketer. If returned product
is not received at Oikaa Distribution Center, it is the responsibility of the Customer,
or Independent Marketer to trace the shipment and no credit will be applied.
C. Upon receipt of a Resalable Starter Kit and/or Resalable products and sales aids
pursuant to an inventory repurchase, the Associate will be reimbursed 90% of the
net cost of the original purchase price(s). Neither shipping and handling charges
incurred by an Associate when the Starter Kit, products or sales aids were purchased,
nor return shipping fees, will be refunded. If the purchases were made through a
credit card, the refund will be credited back to the same account. If an Associate
was paid a commission, rebate, or any other form of compensation based on a product(s)
that he or she purchased, and such product(s) is/are subsequently returned for a
refund, the commission, rebate, or any other form of compensation that was paid
based on that product purchase will be deducted from the amount of the refund.
and adhere to the basic principles of confidentiality.
7.2 Expectation of Privacy
A. Oikaa recognizes and respects the importance its customers and Associates place
on the privacy of their financial and personal information. Oikaa will make reasonable
efforts to safeguard the privacy of, and maintain the confidentiality of its customers’,
and Independent Marketers’ financial and account information and nonpublic personal
B. By entering into the Independent Marketer Agreement, an Independent Marketer
authorizes Oikaa to disclose his or her name and contact information to uplines
Independent Marketers solely for activities related to the furtherance of the Oikaa
business. An Independent Marketer hereby agrees to maintain the confidentiality
and security of such information and to use it solely for the purpose of supporting
and servicing his or her downline organization and conducting the Oikaa business.
7.3 Employee Access to Information
Oikaa limits the number of employees who have access to Customer’s and Independent
Marketers’ nonpublic personal information.
7.4 Restrictions on the Disclosure of Account
A. Oikaa will not share non-public personal information or financial information
about current or former customers or Independent Marketers with third parties, except
as permitted or required by laws and regulations, court orders, or to serve the
customers’, or Independent Marketers’ interests or to enforce its rights or obligations
under these Policies and Procedures, or Independent Marketer’s Agreement or with
written permission from the accountholder on file.
8.0 PROPRIETARY INFORMATION AND TRADE SECRETS
8.1 Business Reports, Lists, and Proprietary
A. By completing and signing the Oikaa Independent Marketer Agreement, the Independent
Marketer acknowledges that Business Reports, lists of Customer and Independent Marketer
names and contact information and any other information, which contain financial,
scientific, or other information both written or otherwise circulated by Oikaa pertaining
to the business of Oikaa (collectively, “Reports”), are confidential and proprietary
information and trade secrets belonging to Oikaa.
8.2 Obligation of Confidentiality
A. During the Term of the Oikaa Independent Marketer Agreement and for a period
of five (5) years after the termination or expiration of the Independent Marketer
Agreement between the Independent Marketer and Oikaa, the Independent Marketer shall
I. Use the information in the Reports to compete with Oikaa or for any purpose other
than promoting his or her Oikaa business;
II. Use or disclose to any person or entity any confidential information contained
in the Reports, including the replication of the genealogy in another network marketing
8.3 Breach and Remedies
A. The Independent Marketer acknowledges that such proprietary information is of
such character as to render it unique and that disclosure or use thereof in violation
of this provision will result in irreparable damage to Oikaa and to independent
Oikaa businesses. Oikaa and its Independent Marketers will be entitled to injunctive
relief or to recover damages against any Independent Marketer who violates this
provision in any action to enforce its rights under this section. The prevailing
party shall be entitled to an award of attorney’s fees, court costs and expenses.
8.4 Return of Materials
A. Upon demand by Oikaa, any current or former Independent Marketer will return
the original and all copies of all “Reports” to Oikaa together with any Oikaa confidential
information in such person’s possession.
9.0 ADVERTISING, PROMOTIONAL MATERIAL, USE
OF COMPANY NAMES AND TRADEMARKS
9.1 Labeling, Packaging, and Displaying Products
A. An Oikaa Independent Marketer may not re-label, re-package, refill, or alter
labels of any Oikaa product, or service, information, materials, or program(s) in
any way. Oikaa products and services must only be sold in their original containers
from Oikaa. Such re-labeling or re- packaging violates Federal, and State and Provincial
laws, which may result in criminal or civil penalties or liability.
B. A Oikaa Independent Marketer shall not cause any Oikaa product or membership
or any Oikaa trade name to be sold or displayed in retail establishments except;
I. I. The Associate goes through the full Oikaa certification process, as specified
in company literature. The certification process will entail full training on all
Oikaa products along with ethical sales strategies.
C. Oikaa will permit Independent Marketers to solicit and make Commercial Sales
upon prior written approval from Oikaa. For these Policies and Procedures, the term
“Commercial Sale” means the sale of;
I. Oikaa products that equal or exceed $5,000 in a single order;
II. Products sold to a third party who intends to resell the products to an end
D. An Independent Marketer may sell Oikaa products and services and display the
Oikaa trade name at any appropriate display booth (such as trade shows) upon prior
written approval from Oikaa.
E. Oikaa reserves the right to refuse authorization to participate at any function
that it does not deem a suitable forum for the promotion of its products and services,
or the Oikaa opportunity.
9.2 Use of Company Names and Protected Materials
A. An Oikaa Independent Marketer must safeguard and promote the good reputation
of Oikaa and the products and services it markets. The marketing and promotion of
Oikaa, the Oikaa opportunity, the Compensation Plan, and Oikaa products and services
will be consistent with the public interest, and must avoid all discourteous, deceptive,
misleading, unethical, or immoral conduct and practices.
B. All promotional materials supplied or created by Oikaa must be used in their
original form and cannot be changed, amended, or altered except with prior written
approval from the Oikaa Compliance Department.
C. The name of Oikaa, each of its product and service names and other names that
have been adopted by Oikaa in connection with its business are proprietary trade
names, trademarks, and service marks of Oikaa. As such, these marks are of great
value to Oikaa and are supplied to Independent Marketers for their use only in an
expressly authorized manner.
D. An Oikaa Independent Marketer’s use of the name “Oikaa” is restricted to protect
Oikaa proprietary rights, ensuring that the Oikaa protected names will not be lost
or compromised by unauthorized use. Use of the Oikaa name on any item not produced
by Oikaa is prohibited except as follows:
I. [Independent Marketer’s name] Independent Oikaa Independent Marketer
II. [Independent Marketer’s name] Independent Independent Marketer of Oikaa products
E. Further procedures relating to the use of the Oikaa name are as follows:
I. All stationary (i.e. letterhead, envelopes, and business cards) bearing the Oikaa
name or logo intended for use by the Independent Marketer must be approved in writing
by the Oikaa Compliance Department.
II. Oikaa Independent Marketers may list “Independent Oikaa Independent Marketer
or Independent Marketer” in the white pages of the telephone directory under his
or her own name.
III. Oikaa Independent Marketers may not use the name Oikaa or Oikaa in answering
his or her telephone, creating a voice message or using an answering service, such
as to give the impression to the caller that they have reached the corporate office.
They may state, “Independent Oikaa Independent Marketer.”
F. Certain photos and graphic images used by Oikaa in its advertising, packaging,
and websites are the result of paid contracts with outside vendors that do not extend
to Independent Marketers. If an Independent Marketer wants to use these photos or
graphic images they must negotiate individual contracts with the vendors for a fee.
G. An Oikaa Independent Marketer shall not appear on or make use of television or
radio, or make use of any other media to promote or discuss Oikaa or its programs,
products, or services without prior written permission from the Oikaa Compliance
H. A Independent Marketer may not produce for sale or distribution any Company event
or speech, nor may an Independent Marketer reproduce Oikaa audio or video clips
for sale or for personal use without prior written permission from the Oikaa Compliance
I. Oikaa reserves the right to rescind its prior approval of any sales aid or promotional
material to comply with changing laws and regulations and may request the removal
from the marketplace of such materials without financial obligation to the affected
J. An Independent Marketer shall not promote non-Oikaa products or services in conjunction
with Oikaa products or services on the same websites or same advertisement without
prior approval from Oikaa Compliance.
K. Claims (which include personal testimonials) as to therapeutic, curative, or
beneficial properties of any products offered by Oikaa may not be made except those
contained in official Oikaa literature. In particular, no Independent Marketer may
make any claim that Oikaa products are useful in the cure, treatment, diagnosis,
mitigation, or prevention of any diseases. Such statements can be perceived as medical
or drug claims. Not only so such claims violate Oikaa policies, but also, they potentially
violate federal and state laws and regulations, including the federal Food, Drug,
and Cosmetic Act and Federal Trade Commission Act.
9.3 Faxes and E-mail - Limitations
A. Except as provided in this section, an Independent Marketer may not use or transmit
unsolicited faxes, email, mass email distribution, or “spamming” that advertises
or promotes the operation of his or her Oikaa business. The exceptions are;
I. Faxes or e-mailing any person who has given prior permission or invitation;
II. Faxing or e-mailing any person with whom the Independent Marketer has established
a prior business or personal relationship.
B. In all States, Provinces or Territories where prohibited by law, an Independent
Marketer may not transmit, or cause to be transmitted through a third party, (by
telephone, facsimile, computer, or other device), an unsolicited advertisement to
any equipment, which has the capacity to transcribe text or images from an electronic
signal received over a regular telephone line, cable line, ISDN, T1 or any other
signal carrying device, except as set forth in this section.
C. All faxes, e-mail or computer broadcasted documents subject to this provision
shall include each of the following;
I. A clear and obvious identification that the fax or e-mail message is an advertisement
or solicitation. The words “advertisement” or “solicitation” should appear in the
subject line of the message;
II. A clear return path or routing information; III. The use of legal and proper
IV. A clear and obvious notice of the opportunity to decline to receive further
commercial facsimile or e-mail messages from the sender;
V. Unsubscribe or opt-out instructions should be the very first text in the body
of the message box in the same size text as the majority of the message;
VI. The true and correct name of the sender, valid senders fax or e-mail address,
and a valid sender physical address;
VII. The date and time of the transmission;
VIII. Upon notification by recipient of his or her request not to receive further
faxed or e- mailed documents, an Oikaa Independent Marketer shall not transmit any
further documents to that recipient.
D. All e-mail or computer broadcasted documents subject to this provision shall
not include any of the following;
I. Use of any third-party domain name without permission;
II. Sexually explicit materials.
9.4 Internet and Third-Party Website Restrictions
A. An Independent Marketer may not use or attempt to register any of Oikaa's trade
names, trademarks, service names, service marks, product names, URLs, advertising
phrases, the Company’s name, or any derivative thereof, for any purpose including,
but not limited to, Internet domain names (URL), third party websites, e-mail addresses,
web pages, or blogs.
B. An Oikaa Independent Marketer may not sell Oikaa products, services or offer
the Business Opportunity using “online auctions,” such as eBay®.
C. All Independent Marketers may have one (1) Approved third-party website. A third-party
website is an Oikaa-approved personal website that is hosted on non-Oikaa servers
and has no affiliation with Oikaa. Any Independent Marketer who wishes to develop
their own third-party website must submit a properly completed third-party website
Application and Agreement along with the proper Website registration fee and receive
Oikaa’s prior written approval before going live with their third-party website.
Third-party websites may be used to promote your business and Oikaa’s products so
long as the third-party website adheres to Oikaa’s advertising policies. Moreover,
no orders may be placed through third-party websites, and no enrollments may occur
through a third-party website. If you wish to use anythird-partywebsite, you must
do the following:
a. Identify yourself as an Independent Marketer for Oikaa;
b. Use only the approved images and wording authorized by Oikaa;
c. Adhere to the branding, trademark, and image usage policies described in this
d. Adhere to any other provision regarding the use of a third-party website described
in this document;
e. Agree to give the Compliance Department at Oikaa access to the third-party website
and, if the website is password protected, the Compliance Department must receive
passwords or credentials allowing unlimited access.
f. Agree to modify your website to comply with current or future Oikaa policies.
D. All marketing materials used on an Independent Marketer’s third-party website
must be provided by Oikaa or approved in writing by Oikaa.
E. To avoid confusion, the following three elements must also be prominently displayed
at the top of every page of your third-party website:
1. The Oikaa Associate Logo
2. Your Name and Title
3. Oikaa Corporate Website Redirect Button
F. An Independent Marketer may not use third-party sites that contain materials
copied from corporate sources (such as Oikaa brochures, CDs, videos, tapes, events,
presentations, and corporate websites). This Policy ensures brand consistency, allows
customers, and Independent Marketers to stay up-to-date with changing products,
services, and information, facilitates enrollment under the correct Sponsor, and
assists in compliance with government regulations.
G. An Oikaa Independent Marketer who currently qualifies at the rank of Director
may apply to the Compliance Department for an exception to the third-party website
policy. To qualify for an exception, the website must serve a unique market that
the Oikaa corporate site does not currently serve or intend to serve.
H. Oikaa products may be displayed with other products or services on an Independent
Marketer’s third-party website so long as the other products and services are consistent
with Oikaa values and are not marketed or sold by a competing network-marketing
I. If the independent Oikaa business of an Independent Marketer who has received
authorization to create and post a third-party website is voluntarily or involuntarily
canceled for any reason, or if Oikaa revokes its authorization allowing the Independent
Marketer to maintain a third-party website, the Independent Marketer shall assign
the URL to his/her third-party website to the Oikaa within three (3) days from the
date of the cancellation and/or re-direct all traffic to the site as directed by
the Oikaa. Oikaa reserves the right to revoke any Independent Marketer’s right to
use a third-party website at any time if Oikaa believes that such revocation is
in the best interest of Oikaa, its Independent Marketers, and customers. Decisions
and corrective actions in this area are at Oikaa’s sole discretion.
J. Social Media sites may not be used to sell or offer to sell Oikaa products or
services. PROFILES AN AFFILIATE GENERATES IN ANY SOCIAL COMMUNITY WHERE ANOVITE
IS DISCUSSED OR MENTIONED MUST CLEARLY IDENTIFY THE AFFILIATE AS A ANOVITE AFFILIATE,
and when an Independent Marketer participates in those communities, Independent
Marketers must avoid inappropriate conversations, comments, images, video, audio,
applications, or any other adult, profane, discriminatory, or vulgar content. The
determination of what is inappropriate is at Oikaa’s sole discretion, and offending
Independent Marketers will be subject to disciplinary action. Banner ads and images
used on these sites must be current and must come from the Oikaa approved library.
If a link is provided, it must link to the posting Independent Marketer’s Replicated
website or an approved third-party website.
K. Anonymous postings or use of an alias on any Social Media site is prohibited,
and offending Independent Marketers will be subject to disciplinary action.
L. Associates may not use blog spam, spam dexing, or any other mass-replicated methods
to leave blog comments. Comments Independent Marketers create or leave must be useful,
unique, relevant, and specific to the blog’s article.
M. Associates must disclose their full name on all Social Media postings, and conspicuously
identify themselves as an independent Independent Marketer for Oikaa. Anonymous
postings or use of an alias is prohibited.
N. Postings that are false, misleading, or deceptive are prohibited. This includes,
but is not limited to, false or deceptive postings relating to the Oikaa income
opportunity, Oikaa’s products and services, and/or your biographical information
O. Associates are personally responsible for their postings and all other online
activity that relates to Oikaa. Therefore, even if an Independent Marketer does
not own or operate a blog or Social Media site, if an Independent Marketer post
to any such site that relates to Oikaa or which can be traced to Oikaa, the Independent
Marketer is responsible for the posting. Associates are also responsible for postings
which occur on any blog or Social Media site that the Independent Marketer owns,
operates, or controls.
P. As an Oikaa Independent Marketer, it is important to not converse with any person
who places a negative post against you, other Independent Marketers, or Oikaa. Report
negative posts to Oikaa at [email protected]
Responding to such negative
posts often simply fuels a discussion with someone carrying a grudge that does not
hold themselves to the same high standards as Oikaa, and therefore damages the reputation
and goodwill of Oikaa.
Q. The distinction between a Social Media site and a website may not be clear-cut,
because some Social Media sites are particularly robust, Oikaa therefore reserves
the sole and exclusive right to classify certain Social Media sites as third-party
websites and require that Independent Marketers using, or who wish to use, such
sites adhere to the Oikaa’s policies relating to third-party websites.
R. If your Oikaa business is cancelled for any reason, you must discontinue using
the Oikaa name, and all of Oikaa’s trademarks, trade names, service marks, and other
intellectual property, and all derivatives of such marks and intellectual property,
in any postings and all Social Media sites that you utilize. If you post on any
Social Media site on which you have previously identified yourself as an independent
Oikaa Independent Marketer, you must conspicuously disclose that you are no longer
an independent Oikaa Independent Marketer.
S. Failure to comply with these Policies for conducting business online may result
in the Independent Marketer losing their right to advertise and market Oikaa products,
services and Oikaa’s business opportunity online in addition to any other disciplinary
action available under the Policies and Procedures.
9.5 Advertising and Promotional Materials
A. You may not advertise any Oikaa products or services at a price LESS than the
highest company published, established retail price of ONE offering of the Oikaa
product or service plus shipping, handling, and applicable taxes. No special enticement
advertising is allowed. This includes, but is not limited to, offers of free membership,
free shipping, or other such offers that grant advantages beyond those available
through the Company.
B. Advertising and all forms of communications must adhere to principles of honesty
C. All advertising, including, but not limited to, print, Internet, computer bulletin
boards, television, radio, etc., are subject to prior written approval by the Oikaa
D. All requests for approvals with respect to advertising must be directed in writing
to the Oikaa Compliance Department.
E. Oikaa approval is not required to place blind ads that do not mention Oikaa,
its employees, any of its products, services, designs, symbols, programs, and trademarked,
copyrighted, or otherwise protected materials.
F. An Independent Marketer who is currently paid at the Director rank may create
his or her own ads or promotional materials including the development of commercials,
infomercials and additional third-party websites. However, all such materials, and
any subsequent changes thereto shall be submitted to the Oikaa Compliance Department
I. Directors are encouraged to work with the Compliance Department prior to the
production of commercials, infomercials, or websites.
G. Oikaa reserves the right to rescind its prior approval of submitted advertising
or promotional materials to comply with changing laws and regulations, and may require
the removal of such advertisements from the marketplace without obligation to the
affected Independent Marketer.
9.6 Testimonial Permission
A. By signing the Oikaa Associate Agreement, an Independent Marketer gives Oikaa
permission to use his or her testimonial or image and likeness in corporate sales
materials, including but not limited to print media, electronic media, audio, and
video. In consideration of being allowed to participate in the Oikaa Business Opportunity,
an Independent Marketer waives any right to be compensated for the use of his or
her testimonial or image and likeness even though Oikaa may be paid for items or
sales materials containing such image and likeness. In some cases, an Independent
Marketer’s testimonial may appear in another Independent Marketer’s advertising
materials. If an Independent Marketer does not wish to participate in Oikaa sales
and marketing materials, he or she should provide a written notice to the Oikaa
Compliance Department to ensure that his or her testimonial or image and likeness
will not be used in any corporate materials, corporate recognition pieces, advertising,
or recordings of annual events.
9.7 Telemarketing - Limitations
A. An Oikaa Independent Marketer must not engage in telemarketing in relation to
the operation of the Independent Marketer’s Oikaa business. The term “telemarketing”
means the placing of one or more telephone calls to an individual or entity to induce
the purchase of Oikaa products or services, or to recruit them for the Oikaa opportunity.
B. The Federal Trade Commission (“FTC”) and the Federal Communications Commission
(“FCC”) each have laws that restrict telemarketing practices. Both Federal agencies,
as well as many States have “do not call” regulations as part of their telemarketing
C. While an Independent Marketer may not consider himself or herself a “telemarketer”
in the traditional sense, these regulations broadly define the term “telemarketer”
and “telemarketing” so that the unintentional action of calling someone whose telephone
number is listed on the Federal “Do Not Call” registry could cause the Independent
Marketer to violate the law. These regulations must not be taken lightly, as they
carry significant penalties (up to $11,000 per violation).
D. “Cold calls” or “state-to-state calls” made to prospective customers, or Independent
Marketers that promote either Oikaa products, services or the Oikaa opportunity
is considered telemarketing and is prohibited.
E. Exceptions to Telemarketing Regulations
An Oikaa Independent Marketer may place telephone calls to prospective customers,
or Independent Marketers under the following limited situations;
I. If the Independent Marketer has an established business relationship with the
II. In response to the prospect’s personal inquiry or application regarding a product
or service offered by the Oikaa Independent Marketer, within 3 months immediately
before the date of such a call;
III. If the Independent Marketer receives written and signed permission from the
prospect authorizing the Independent Marketer to call;
IV. If the call is to family members, personal friends, and acquaintances. However,
if an Independent Marketer makes a habit of collecting business cards from everyone
he/she meets and subsequently calls them, the FTC may consider this a form of telemarketing
that is not subject to this exemption;
V. Oikaa Independent Marketers engaged in calling “acquaintances,” must make such
calls on an occasional basis only and not as a routine practice.
F. An Independent Marketer shall not use automatic telephone dialing systems in
the operation of his or her Oikaa business.
G. Failure to abide by Oikaa policies or regulations as set forth by the FTC and
FCC regarding telemarketing may lead to sanctions against the Independent Marketer’s
position, up to and including termination of the position.
H. By signing the Independent Marketer Agreement, or by accepting commission checks,
other payments, or awards from Oikaa, an Independent Marketer gives permission to
Oikaa and other Independent Marketers to contact them as permitted under the Federal
Do Not Call regulations.
I. In the event an Independent Marketer violates this section, Oikaa reserves the
right to institute legal proceedings to obtain monetary or equitable relief.
10.0 INTERNATIONAL MARKETING
10.1 International Marketing Policy
A. An Oikaa Independent Marketer is authorized to sell Oikaa products and services,
to customers and Independent Marketers only in the countries in which Oikaa is authorized
to conduct business, according to the Policies and Procedures of each country. Oikaa
Independent Marketers may not sell products or services in any country where Oikaa
products and services have not received applicable government authorization or approval.
B. An Independent Marketer may not, in any unauthorized country, conduct sales,
enrollment, or training meetings, enroll, or attempt to enroll potential customers,
or Independent Marketers, nor conduct any other activity for the purpose of selling
Oikaa products and services, establishing a sales organization, or promoting the
Oikaa business opportunity.
11.0 CHANGES TO AN AFFILIATEBUSINESS
11.1 Modification of the Associate Agreement
A. A Oikaa Independent Marketer may modify his or her existing Independent Marketer
Agreement (i.e., change a social security number to a Federal ID number, add a Spouse
or partner to the account, or change the form of ownership from an individual to
a Business Entity owned by the Independent Marketer) by submitting a written request,
accompanied by a new Independent Marketer Agreement and the Business Registration
Form, if applicable, completed with fresh signatures (not a “crossed out” or “white-out”
version of the first Agreement), and any appropriate supporting documentation.
11.2 Change Sponsor or Placement for Active
A. Maintaining the integrity of the organizational structure is mandatory for the
success of Oikaa and our independent Independent Marketers. As such, under exceptional
circumstances at the discretion of the Company, a request to change placement may
only be made within the first 7 days of initial enrollment as an Independent Marketer.
Furthermore, such changes may only occur within the same organization.
B. Sponsors may make “Placement changes” from one Independent Marketer to another
for personally Sponsored (frontline) Independent Marketers during the first 7 days
C. New Independent Marketers or their original Sponsor may request a change of Sponsor
or Placement within the first 7 days of enrollment for the purpose of structuring
an organization. The new Independent Marketer Agreement must be received within
the calendar month for commission calculations to be effective with the requested
D. To change or correct the Sponsor, an Independent Marketer must comply with following
I. Submit a Sponsor Placement Transfer Form;
II. Submit an Oikaa Independent Marketer Agreement showing the correct Sponsor and
Placement, and any appropriate supporting documentation;
I. II. The Independent Marketer Agreement must be a new, completed document
bearing “fresh” signatures, not a “crossed-out” or “white-out” version of the first
E. Upon approval, the Independent Marketer’s downline, if any, will transfer with
the Independent Marketer.
F. If one transfer has already been made a $20 fee will be assessed for the second
and for each transfer thereafter.
G. After the first 30 days from initial enrollment, Oikaa will honor the Sponsor/Placement
I. On the most recently signed Independent Marketer Agreement on file; or
II. Self-enrolled on the website (i.e., electronically signed Web Agreement).
H. Oikaa retains the right to approve or deny any requests to change Sponsor or
Placement and to correct any errors related thereto at any time and in whatever
manner it deems necessary.
11.3 Change Sponsor or Placement for Inactive
A. At the discretion of Oikaa, Independent Marketers who did not participate in
an auto ship or have not ordered products or services for at least 12 months, and
who have not tendered a letter of resignation, are eligible to re-enroll in Oikaa
under the Sponsor/Placement of their choice.
B. Upon written notice to Oikaa that a former Independent Marketer wishes to re-enroll,
Oikaa will “compress” (close) the original account. A new Oikaa ID number will then
be issued to the former Independent Marketer.
C. Such Independent Marketer does not retain former rank, downline, or rights to
commission checks from his or her former organizations.
D. Oikaa reserves the right to correct Sponsor or Placement errors at any time and
in whatever manner it deems necessary.
11.4 Change Organizations
A. If an Oikaa Independent Marketer wishes to transfer organizations, he or she
must submit a letter of resignation to the Oikaa Customer Service Department and
remain inactive (place no orders, or be on an auto ship) with or in Oikaa for 6
months from the receipt of the letter before being eligible to re-enroll under a
B. Oikaa retains the right to approve or deny any request to re-enroll after an
Independent Marketer’s resignation.
C. If re-enrollment is approved, the former Independent Marketer will be issued
a new Oikaa ID number and will be required to submit a new Independent Marketer
Agreement. The Independent Marketer will not be entitled to keep any former rank,
downline, or rights to commission checks from any prior organization.
D. Transfers may not be done outside of the original organization.
11.5 Unethical Sponsoring
A. Unethical sponsoring activities include, but are not limited to, enticing, bidding,
or engaging in unhealthy competition in trying to acquire a prospect or new Independent
Marketer from another Independent Marketer or influencing another Independent Marketer
to transfer to a different sponsor.
B. Allegations of unethical sponsoring must be reported in writing to the Oikaa
Compliance Department within the first 90 days of enrollment. If the reports are
substantiated, Oikaa may transfer the Independent Marketer or the Independent Marketer’s
downline to another sponsor, Placement, or organization without approval from the
current up-line Sponsor or Placement Independent Marketers. Oikaa remains the final
authority in such cases.
C. Oikaa prohibits the act of “Stacking.” Stacking is the unauthorized manipulation
of the Oikaa compensation system and/or the marketing plan in order to trigger commissions
or cause a promotion off a downline Independent Marketer in an unearned manner.
One example of stacking occurs when a Sponsor places participant under an inactive
downline without his or her knowledge to trigger unearned qualification for commissioning.
Stacking is unethical and unacceptable behavior, and as such, it is a punishable
offense with measures up to and including the termination of the independent consultant
positions of all individuals and/or entities found to be directly involved.
D. Should Associates engage in solicitation and/or enticement of members of another
direct sales company to sell or distribute Oikaa products and services to, they
bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration,
or mediation is brought against an Independent Marketer alleging that they engaged
in inappropriate recruiting activity of another company’s
sales force or customers, Oikaa will not pay any of Associate’s defense costs or
legal fees, nor will Oikaa indemnify the Associate for any judgment, award, or settlement.
11.6 Sell, Assign or Delegate Ownership
A. In order to preserve the integrity of the hierarchical structure, it is necessary
for Oikaa to place restrictions on the transfer, assignment, or sale of a position.
B. An Oikaa Independent Marketer may not sell or assign his or her rights or delegate
his or her position as an Independent Marketer without prior written approval by
Oikaa, which approval will not be unreasonably withheld. Any attempted sale, assignment,
or delegation without such approval may be voided at the discretion of Oikaa.
C. Should the sale be approved by Oikaa, the Buyer assumes the position of the Seller
at the current qualified title, but at the current “paid as” rank, at the time of
the sale and acquires the Seller’s Downline.
D. To request corporate authorization for a sale or transfer of an Oikaa position,
the following items must be submitted to the Oikaa Compliance Department; I. A Sale/Transfer
of Associate Form properly completed, with the requisite signatures.
II. A copy of the Sales Agreement signed and dated by both Buyer and Seller.
III. An Oikaa Independent Marketer Agreement completed and signed by the Buyer;
IV. Payment of the $100 administration fee;
V. Any additional supporting documentation requested by Oikaa.
E. Any debt obligations that either Seller or Buyer may have with Oikaa must be
satisfied prior to the approval of the sale or transfer by Oikaa.
F. An Oikaa Independent Marketer who sells his or her position is not eligible to
re-enroll as an Oikaa Independent Marketer in any organization for six (6) full
calendar months following the date of the sale except as otherwise expressly set
forth in these Policies and Procedures.
11.7 Separating an Oikaa Business
A. Pending a divorce or dissolution of a partnership or other business entity, the
parties must adopt one of the following methods of operation;
I. One of the parties may, with the written consent of the other(s), operate the
Oikaa business whereby the relinquishing Spouse, shareholders, partners, members,
or trustees authorize Oikaa to deal directly and solely with the other Spouse, non-relinquishing
shareholder, partner, member, or trustee;
II. The parties may continue to operate the Oikaa business jointly on a “business
as usual” basis, whereupon all compensation paid by Oikaa will be paid in the name
designated as the Independent Marketers or in the name of the entity to be divided,
as the parties may independently agree between them. If no name is stipulated, Oikaa
will pay compensation to the name on record and in such event, the Associate named
on the account shall indemnify Oikaa from any claims from the other business owner(s)
or the other Spouse with respect to such payment.
B. Oikaa recognizes only one Downline organization and will issue only one commission
check per Oikaa business per commission cycle. Under no circumstances will the Downline
of an organization be divided, nor will Oikaa split commission and/or bonus checks.
C. If a relinquishing Spouse, partner, or owner of the business has completely relinquished
(“Relinquishing Party”), in writing, all rights to the original Oikaa business,
he or she may immediately thereafter re-enroll under the Sponsor and Placement of
his or her choice. In such cases, however, the Relinquishing Party shall have no
rights to, and shall not solicit, any Independent Marketer or active Customer in
the former organization, and must develop a new business in the same manner as any
other new Oikaa Independent Marketer. An Independent Marketer in the Relinquishing
Party’s former Downline who wishes to transfer to the Relinquishing Party’s new
organization or to any other organization, must comply with the requirements in
A. Upon the death or incapacity of an Independent Marketer, the Independent Marketer’s
business may be passed on to his or her legal successors in interest (successor).
Whenever an Oikaa business is transferred by will or other testamentary process,
the successor acquires the right to collect all bonuses and commissions of the deceased
Independent Marketer’s sales organization. The successor must:
I. Complete and sign a new Oikaa Independent Marketer Agreement;
II. Comply with the Terms and provisions of the Independent Marketer Agreement;
III. Meet all of the qualifications for the last rank achieved by the former Independent
B. Bonus and commission checks of an Oikaa business transferred based on this section
will be paid in a single check to the successor. The successor must provide Oikaa
with an “address of record” to which all bonus and commission Payments will be sent.
Payments will be based on the current performance of the position, not the highest
rank or volume achieved.
C. If the business is bequeathed to joint devisees (successors), they must form
a business entity and acquire a Federal taxpayer identification number. Oikaa will
issue all bonus and commission payments and one 1099 Miscellaneous Income Tax form
to the managing business entity only.
D. Appropriate legal documentation must be submitted to Oikaa Compliance Department
to ensure the transfer is done properly. To affect a testamentary transfer of an
Oikaa business, the successor must provide the following to Oikaa Compliance Department;
I. A certified copy of the death certificate; and
II. A notarized copy of the will or other appropriate legal documentation establishing
the successor’s right to the Oikaa business.
E. To complete a transfer of the Oikaa business because of incapacity, the successor
must provide the following to the Oikaa Compliance Department;
I. A notarized copy of an appointment as trustee;
II. A notarized copy of the trust document or other appropriate legal documentation
establishing the trustee’s right to administer the Oikaa business; and
III. A completed Independent Marketer Agreement executed by the trustee.
F. If the successor is already an existing Independent Marketer, Oikaa will allow
such Independent Marketer to keep his or her own position plus the inherited position
active for up to six (6) months. By the end of the 6-month period, the Independent
Marketer must have compressed (if applicable), sold or otherwise transferred either
the existing position or the inherited position.
G. If the successor wishes to terminate the Oikaa position, he or she must submit
a notarized statement stating the desire to terminate the position, along with a
certified copy of the death certificate, appointment as trustee, and/or any other
appropriate legal documentation.
H. Upon written request, Oikaa may grant a 1 month bereavement waiver and pay out
at the last “paid as” rank.
11.9 Resignation/Voluntary Termination
A. An Independent Marketer may immediately terminate his or her position by submitting
a written notice or email to the Oikaa Compliance Department compliance [at]dockofhealth.com.
The written notice must include the following;
I. The Independent Marketer’s intent to resign;
II. Date of resignation;
III. Oikaa Identification Number;
IV. Reason for resigning; and
B. An Oikaa Independent Marketer may not use resignation as a way to immediately
change Sponsor and Placement. Instead, the Independent Marketer who has voluntarily
resigned is not eligible to reapply for a position or have any financial interest
in a or any Oikaa business for 6 months from the receipt of the written notice of
11.10 Involuntary Termination
A. Oikaa reserves the right to terminate an Independent Marketer’s position for,
but not limited to, the following reasons;
I. Violation of any Terms or Conditions of the Independent Marketer Agreement;
II. Violation of any provision in these Policies and Procedures;
III. Violation of any provision in the Compensation Plan;
IV. Violation of any applicable law, ordinance, or regulation regarding the Oikaa
V. Engaging in unethical business practices or violating standards of fair dealing;
VI. Returning over $500 worth of products, services and/or sales tools for a refund
within a 12-month period.
B. Oikaa will notify the Independent Marketer in writing by certified mail; return
receipt requested or overnight documented mail, at his or her last known address
of its intent to terminate the Independent Marketer’s position and the reasons for
termination. The Independent Marketer will have 15 calendar days from the date of
mailing of such notice to respond in writing to the allegations or claims constituting
cause for termination as stated in the notice. Oikaa will then have 30 calendar
days from the date of receipt of the Independent Marketer’s response to render a
final decision as to termination.
C. If a decision is made by Oikaa to terminate the Independent Marketer’s position,
Oikaa will inform the Independent Marketer in writing that the position is terminated
effective as of the date of the written notification. The Independent Marketer will
then have 15 calendar days from the date of mailing of such notice to appeal the
termination in writing. Oikaa must receive the Independent Marketer’s written appeal
within 20 calendar days of the date of the Oikaa termination letter. If the written
appeal is not received within this time period, the termination will be considered
D. If the Independent Marketer does file a timely appeal of termination, Oikaa will
review its decision, along with any other information it may deem relevant, reconsider
any other appropriate action, and notify the Independent Marketer of its decision.
The decision of Oikaa is then considered final and not subject to further review.
E. If the termination is not rescinded, the termination will be effective as of
the date of the original termination notice by Oikaa. The former Independent Marketer
shall thereafter be prohibited from using the names, marks or signs, labels, stationery,
advertising, or business material referring to or relating to any Oikaa products
or services. Oikaa will notify the active Upline Sponsor within 10 days after termination.
The organization of the terminated Independent Marketer will “roll up” to the active
Upline Sponsor on record.
F. The Oikaa Independent Marketer who is involuntarily terminated by Oikaa may not
reapply for a position, either under his or her present name or any other name or
entity, without the express written consent of an officer of Oikaa, following a
review by the Oikaa Compliance Committee. In any event, such Independent Marketer
may not re-apply for a position for 12 months from the date of termination.
11.11 Effect of Cancellation
A. Following an Independent Marketer’s cancellation for inactivity or voluntary
or involuntary termination (collectively, a “cancellation”) such Independent Marketer;
I. Shall have no right, title, claim or interest to any commission or bonus from
the sales generated by the Independent Marketer’s former organization or any other
payments in association with the Independent Marketer’s former independent position;
II. Effectively waives any and all claims to property rights or any interest in
or to the Independent Marketer’s former Downline organization;
III. Shall receive commissions and bonuses only for the last full pay period in
which he or she was active prior to cancellation, less any amounts withheld during
an investigation preceding an involuntary cancellation, and less any other amounts
owed to Oikaa.
12.0 DISCIPLINARY SANCTIONS
12.1 Imposition of Disciplinary Action -
A. It is the spirit of Oikaa that integrity and fairness should pervade among its
Independent Marketers, thereby providing everyone with an equal opportunity to build
a successful business. Therefore, Oikaa reserves the right to impose disciplinary
sanctions at any time, when it has determined that an Independent Marketer has violated
the Agreement or any of these Policies and Procedures or the Compensation Plan as
they may be amended from time to time by Oikaa.
12.2 Consequences and Remedies of Breach
A. Disciplinary actions may include one or more of the following;
I. Monitoring an Independent Marketer’s conduct over a specified period of time
to assure compliance;
II. Issuance of a written warning or requiring the Independent Marketer to take
immediate corrective action.
III. Imposition of a fine (which may be imposed immediately or withheld from future
commission payments) or the withholding of commission payments (“Commission Hold”)
until the matter causing the Commission Hold is resolved or until Oikaa receives
adequate additional assurances from the Independent Marketer to ensure future compliance;
IV. Suspension from participation in Company or Independent Marketer events, rewards,
V. Suspension of the Oikaa Independent Marketer Agreement and position for one or
more pay periods;
VI. Involuntary termination of the Independent Marketer’s Agreement and position;
VII. Any other measure which Oikaa deems feasible and appropriate to justly resolve
injuries caused by the Independent Marketer’s Policy violation or contractual breach;
VIII. Legal proceedings for monetary or equitable relief.
13.0 DISPUTE RESOLUTION
A. If an Oikaa Independent Marketer has a grievance or complaint against another
Independent Marketer regarding any practice or conduct relating to their respective
Oikaa businesses, he or she is encouraged to resolve the issue directly with the
other party. If an agreement cannot be reached, it must be reported directly to
the Oikaa Compliance Department as outlined below in this Section.
B. The Oikaa Compliance Department will be the final authority on settling such
grievance or complaint and its written decision shall be final and binding on the
Independent Marketers involved.
C. Oikaa will confine its involvement to disputes regarding Oikaa business matters
only. Oikaa will not decide issues that involve personality conflicts or unprofessional
conduct by or between Independent Marketers outside the context of an Oikaa business.
These issues go beyond the scope of Oikaa and may not be used to justify a Sponsor
or Placement change or a transfer to another Oikaa organization.
D. Oikaa does not consider, enforce, or mediate third party agreements between Independent
Marketers, nor does it provide names, funding, or advice for obtaining outside legal
E. Process for Grievances:
I. The Oikaa Independent Marketer should submit a written letter of complaint (e-mail
will not be accepted) directly to the Oikaa Compliance Department. The letter shall
set forth the details of the incident as follows;
a. The nature of the violation;
b. Specific facts to support the allegations;
d. Number of occurrences;
e. Persons involved; and
f. Supporting documentation.
II. Upon receipt of the written complaint, Oikaa will conduct an investigation according
to the following procedures;
a. The Compliance Department will send an acknowledgment of receipt to the complaining
b. The Compliance Department will provide a verbal or written notice of the allegation
to the Independent Marketer under investigation. If a written notice is sent to
the Independent Marketer, he or she will have 10 business days from the date of
the notification letter to present all information relating to the incident for
review by Oikaa
c. The Compliance Department will thoroughly investigate the complaint, consider
all the submitted information it deems relevant, including information from collateral
sources. Due to the unique nature of each situation, determinations of the appropriate
remedy will be on a case by case basis, and the length of time to reach a resolution
d. While the investigation, the Compliance Department will only provide periodic
updates simply stating that the investigation is ongoing. No other information will
be released during this time. Associate calls, letters, and requests for “progress
reports” while the investigation will not be answered or returned.
E. Oikaa will make a final decision and timely notify the Oikaa Independent Marketers
A. Any controversy or claim arising out of or relating to the Oikaa Independent
Marketer agreement, these Policies and Procedures, or the breach thereof, the Independent
Marketer’s business or any dispute between Oikaa and the Independent Marketer, shall
be settled by binding and confidential arbitration administered by the American
Arbitration Association under its commercial arbitration rules, and judgment on
the award rendered by the arbitrator may be entered in any court having jurisdiction
thereof. Any such arbitration shall be held in Lehi, Utah. There shall be one arbitrator,
who shall have expertise in business law transactions and who shall be knowledgeable
in the direct selling industry, selected from a panel provided by the American Arbitration
B. The prevailing party in any such arbitration shall be entitled to receive from
the losing party, all costs, and expenses of arbitration, including reasonable attorney’s
fees and filing fees. The decision of the arbitrator shall be final and binding
on the parties and may, if necessary, be reduced to judgment in any court of competent
C. This agreement to arbitration shall survive any termination or expiration of
the Independent Marketer agreement.
D. Nothing in these Policies and Procedures shall prevent Oikaa from applying for
or obtaining from any court having jurisdiction a writ of attachment, a temporary
injunction, preliminary injunction, permanent injunction, or other relief available
to safeguard and protect Oikaa interests or its Confidential Information prior to,
during or following the filing of an arbitration or other proceeding, or pending
the rendition of a decision or award in connection with any arbitration or other
E. NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION
OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS
OF CLAIMANTS SHALL BE ALLOWABLE.
F. These Policies and Procedures and any arbitration involving an Independent Marketer
and Oikaa shall be governed by and construed in accordance with the laws of the
state of Utah, without reference to its principles of conflict of laws.
13.3 Sever ability
A. If any provision of these Policies and Procedures is found to be invalid, or
unenforceable for any reason, only the invalid provision shall be severed. The remaining
terms and provisions hereof shall remain in full force and shall be construed as
if such invalid or unenforceable provision never had comprised a part of these Policies
A. Only an officer of Oikaa can, in writing, affect a waiver of the Oikaa Policies
and Procedures. Oikaa's waiver of any particular breach by an Independent Marketer
shall not affect Oikaa’s rights with respect to any subsequent breach, nor shall
it affect the rights or obligations of any other Independent Marketer.
B. The existence of any claim or cause of action of an Independent Marketer against
Oikaa shall not constitute a defense to Oikaa's enforcement of any term or provision
of these Policies and Procedures.
13.5 Successors and Claims
The agreement shall be binding upon and inure to the benefit of the parties and
their respective successors and assigns.
14.0 GOVERNING LAW
These Policies and Procedures shall be governed by and construed in accordance with
the Laws of the State of Utah and the exclusive jurisdiction of the United States
15.0 ANOVITE GLOSSARY OF TERMS
ACTIVE AFFILIATE: A Independent Marketer who satisfies the minimum volume requirements,
as set forth in the Compensation Plan, to ensure that they are eligible to receive
bonuses and commissions.
AGREEMENT: The contract between the Company and each Associate; includes the Associate
Agreement, the Oikaa Policies and Procedures, and the Oikaa Compensation Plan, all
in their current form and as amended by Oikaa in its sole discretion. These documents
are collectively referred to as the “Agreement.” CANCEL: The termination of an Independent
Marketer’s business. Cancellation may be either voluntary, involuntary, or through
COMPENSATION PLAN: The guidelines and referenced literature for describing how Associates
can generate commissions and bonuses.
CUSTOMER: A Customer who purchases Oikaa products and does not engage in building
a business or retailing product.
AFFILIATE: An individual, who purchases product, generates retail sales and business
building commissions. LINE OF SPONSORSHIP (LOS): A report generated by Oikaa that
provides critical data relating to the identities of Associates, sales information,
and enrollment activity of each Associate’s organization. This report contains confidential
and trade secret information which is proprietary to Oikaa. ORGANIZATION: The customers
and Associates placed below a particular Associate. OFFICIAL ANOVITE MATERIAL: Literature,
audio or video tapes, and other materials developed, printed, published, and distributed
by Oikaa to Associates. PLACEMENT: Your position inside your Sponsor’s organization.
RECRUIT: For purposes of Oikaa’s Conflict of Interest Policy, the term “Recruit”
means the actual or attempted solicitation, enrollment, encouragement, or effort
to influence in any other way, either directly, indirectly, or through a third party,
another Oikaa Associate or Customer to enroll or participate in another multilevel
marketing, network marketing, or direct sales opportunity. RESALABLE: Products shall
be deemed “resalable” if each of the following elements is satisfied: 1) they are
unopened and unused, 2) original packaging and labelling has not been altered or
damaged, 3) they are in a condition such that it is a commercially reasonable practice
within the trade to sell the merchandise at full price, and 4) the product contains
current Oikaa labelling. Any merchandise that is clearly identified at the time
of sale as nonreturnable, discontinued, or as a seasonal item, shall not be resalable.
SPONSOR: A Independent Marketer who enrolls a Customer, Retailer, or another Associate
into the Company, and is listed as the Sponsor on the Associate Agreement. The act
of enrolling others and training them to become Associates is called “sponsoring.”
UPLINE: This term refers to the Associate or Associates above a particular Associate
in a sponsorship line up to the Company. It is the line of sponsors that links any
particular Associate to the Company.