Promote and sell Atomy products to ultimate consumers and not to sell or display those products in retail sales or service establishments. Maintain the highest standards of integrity, honesty and responsibility in dealing with the Company, consumers and other members.
Present Atomy products in a truthful and sincere manner and keep the company unharmed from damages resulting from misrepresentations by Members. Protect the Atomy trademarks and trade name and obtain the Company’s written permission prior to use in any advertising (including but not limited to, the internet, literatures other than Company-published, logos, pictures, and other marketing promotional devices. Member understands that display or sale of Atomy products in public, retail or service establishments of any kind is inconsistent with the terms of this Agreement.
All orders submitted to the company shall be accompanied by a credit card charge, bank deposit into Atomy America’s Bank of America Account, cashier’s check, or money order made payable to the order of “Atomy America Inc.” for the full amount due. Member understands that all orders are subject to acceptance by the Company and the terms of this Agreement.
Member is not a joint venture with, or franchisee, partner, agent or employee of the Company. Member has no power or authority to incur any debt, obligation or liability on behalf of the Company.
Member, as a self-employed independent contractor, will be operating his/her own business, making individual decisions, buying and selling products available through Atomy America Inc. in his/her own account. The company shall bear no legal responsibility for the actions taken by Members. Furthermore, both parties acknowledge that the Member is not an employee of the Company and will not be treated as an employee with respect to his/her Agreement for Federal, State or Local Tax purposes, or otherwise.
Member will be responsible for payment of any self-employment and other income taxes. Member will receive commission totals reflecting the amount of income paid during the calendar year by the Company. It will be Member’s sole responsibility to account for such income on his/her individual income tax returns.
The company may change suggested retail prices, discounts, commissions, transportation charges, contest rules and active status requirements at anytime. The company will give members at least fifteen (15) days’ prior notice of:
- a) Any changes to contest rules and active status requirements.
- b) Changes to suggested retail prices and shipping charges.
- c) Changes in standard discount and commission schedules. Written notice may be given by posting notice on the Company’s Website. The Company or Member may terminate the Agreement at any time and for any reason by giving thirty (30) days written notice to the other party, or without prior notice and with immediate effect as a result of breach of any of the provisions herein. In determining what actions to take in the event of breach of the Agreement, the Company may consider without limitation the nature and severity of the breach. If you do not agree with action taken by the company, you may submit your dispute to appeal the decision with supporting evidence.
Member agrees to submit any dispute he/she may have to binding arbitration. The arbitration award shall be final and binding and judgment may be entered upon it by any court of competent jurisdiction. The United States Arbitration Act shall govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. The parties intend for the Dispute Resolution Procedures to apply to the maximum degree possible in any arbitration. If members become involved in a claim or dispute, the Member will not disclose any matter that is subject to the dispute resolution process to any other person not directly involved in the conciliation or arbitration process.
Atomy Salesman Code of Ethics
In order to establish respectful business culture and to ensure fair and honest business activities among members, Atomy Co Ltd., hereafter stated as the “Company”, sets forth the Code of Ethics, and hereby request all members to follow through accordingly. All Members are subject to compliance of the Code of Ethics. This is an inevitable process to prevent any unwanted disadvantages, and to encourage long-term growth of business based on mutual trust between members. Hence, there will be strict enforcement of penalty in violation of the following Code of Ethics, depending on severity of action.
- 1.False/ Illegal/ Duplicate Registration Registering a person without his/her consent, registering false information, or duplicate registration of one person and/or spouses being registered together, is against the Company’s membership registration rules. Memberships will be terminated immediately upon confirmation.
- 2.False/ Exaggerated Advertisement It is forbidden to mislead other people by providing false or exaggerated information about the Company. Members shall not mislead anyone with false information regarding Company products, marketing plan, or financial rewards. i.e. Any representations other than the official information provided by the Company including but not limited to: Atomy, Marketing Plan, Product Quality, Price, etc.
- 3.Personal Websites and Promotional Material Regulation It is forbidden to sell Atomy products through personal websites (bidding sites, blog, homepage, café, etc) and/or internet shopping malls and other portal sites. It is also illegal to use the Company Logo and/or Name on personal websites or business tools/materials without the Company’s consent.
- 4.Voluntary Product Purchase Regulation Members are prohibited from forcing their down-lines or consumers to purchase products, any sort of monetary/materialistic dealings for the purpose of membership registration or withdrawal, and unreasonable purchasing or unwanted selling of products for reasons other than pure consumption (i.e. Mastership achievement).
- 5.Inducing Line Changes The Company strictly prohibits recruiting between lines, abnormal change of Sponsors and/or affiliated Centers, and any other personal connection based dealings which destroy mutual trust between members.
- 6.Monetary and Product Exchange The Company strictly prohibits monetary or product dealings between members which cause illicit use of credit cards or financial dealings. Members shall not enter into transactions that are unauthorized.
- 7.Maintenance of Members’ Dignity Unethical behavior of Atomy members, such as personal issues between members, violence, reckless slandering and defaming other members that damage their character are forbidden.
- 8.Luring Other Businesses It is strictly forbidden to recommend other MLM businesses, advertise or sell the products to existing Atomy members. If the member is a Sales Master or higher status then, the membership will immediately be terminated upon confirmation of such actions.
- 9.Protection of Personal Information Members must thoroughly protect the personal information of consumers and/or keep confidential their information collected through Atomy business, and may not use, copy, store, or disclose it without the individual’s consent.
- 10.Obeying Laws and Regulations Atomy members must fully understand and follow the relevant laws concerning their business, as well as the Company regulations. Rules and regulations will be in accordance within the jurisdiction provided by the respective Company. The above Code of Ethics must be obeyed in order to protect the members’ business and for long-term growth of all parties involved. The Company has the right to impose penalties on any member in violation of these regulations, such as suspension or termination of membership, depending on severity of violation. In addition, all connection with the Company will cease upon termination of membership, and terminated member may not continue practice of business as member of the Company.
General Terms and Conditions
The purpose of this agreement is to establish a business relationship between Atomy America Inc. (“the Company”) and Distributors (“Members”) by observing the mutual understanding of rules in selling the goods of the company. All matters regarding the member administration of the company shall follow this Terms and Conditions. These rules and regulations shall be applicable to all Members.
Anyone can register as a Member regardless of age, sex, education, race, religion, or status. However, a person listed below shall be restricted from registration:
- 1. A person restricted to join in Multi-Level marketing in accordance with United States laws and regulations.
- 2. Officers and Employees of the Company and its subsidiaries
- 3. A person who is under 18 years old
Failure to observe the restriction by the registrant, the Company may cancel the membership immediately and shall have no obligation whatsoever.
- 1. All members must use their legal name in registration.
- 2. New members must fill out the required documents to the company:
- 3. Member must certify that all of the information provided is complete and correct, including the information of sponsoring member.
The registration is subject to approval by the company. After the company thoroughly reviews the information and documents provided by the registrant, the process of the membership will be completed. The registration is subject to approval by the Company. After the company thoroughly reviews the information and documents provided by the registrant, the process of the membership will be completed.
The Company reserves the right to review for any duration after registration. Access to website after registration does not warrant acceptance by the Company.
The initial duration of membership period begins from the date of the approval registration and continues until the last day of the twelfth month. If a member has records of purchase with point value (PV) during this period, the membership will be extended by twelve months, and thereafter.
Privacy and Security
NOTICE Collection of InformationYou may be asked for certain types of personal information (e.g., your first and last name, social security number, mailing address, city, state, postal code, telephone number, email address, credit card number, bank information, etc.). If you do not want to disclose your personal information to us, please do not submit it. This does mean that in some cases, we may not be able to provide you the service you have requested.
Use of InformationWe will keep your personal information privately. You will be informed about these purposes at the time of collection. For instance, information about Distributors will be used to provide services, calculate earnings and bonuses, and ensure compliance with the company’s regulations. In compliance and requirements to maintain records, the Company may need personal information for confirmation and reporting commissions.
Onward TransfersWe may employ vendors to perform functions on our behalf, such as fulfilling orders, delivering packages, processing credit card payments, and providing customer service. These vendors are under a contractual obligation to use confidential data received from Atomy America only for purposes that fall within the functions for which they were hired. We may disclose information that we collect about you when we have reason to believe that this is necessary to identify, contact or bring legal action against persons or entities that may be harming you, us or others. We may also disclose information when we believe the law requires it.
Lineage Reports, which information on Distributors in a Distributor’s sub-line, including, but not limited to, name, identification number, level or rank and sales statistics, are provided to Distributors in the strictest confidence and for the sole purpose of supporting the Distributors to further develop their Membership.
SecurityWe take reasonable steps to ensure that the personal information we collect about you remains accurate, timely and secure. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure and while we strive to protect your personal information, we cannot guarantee or warrant its complete security. We shall not be responsible for harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of the Site or any information you transmit to the Site.
Data IntegrityPersonal information will be kept in active files or systems as long as needed to meet the purposes for which it was collected or as required to perform the contractual relationship with the Distributor and his/her upper-line, and the commercial relationship with the customer.
Access or Corrections to Your InformationIf you identify any inaccurate personal information, or if you need to make a change or would like to verify such information, please contact us so that we may update your information in our records or you may go online to one of Atomy America’s websites and update your own information.
WEBSITE SPECIFIC Protection of ChildrenThe Site is a general audience web site that is not specifically designed or targeted at children. We do not knowingly collect, use or disseminate any personal information from persons under the age of 18. If, however, we become aware that personal information regarding a person under the age of 18 has been collected at the Site, we will make reasonable efforts to delete it from our records.