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Policies & Procedures

WEATHERLY FARMS, INC. 
COMPANY POLICIES

Welcome to Weatherly Farms! These policies and procedures, referred to as the “Company Policies,” together with the Independent Sales Representative Agreement, and Compensation Plan, will give you all the information you need as a new Weatherly Farms Independent Sales Representative (“Independent Sales Representative” or “ISR”). Once you have read, accepted, and submitted the Enrollment Application and Independent Sales Representative Agreement to the Company online, and upon the Company’s acceptance, these Company Policies, the Independent Sales Representative Agreement, and the Compensation Plan will constitute the entire agreement (the “Contract”) between Weatherly Farms, Inc. (the “Company” or “Weatherly Farms”) and you, as an independent distributor of the Company.

It is your responsibility to fully read and understand these Company Policies and to conduct your Weatherly Farms business (your “Distributorship”) in accordance with these Company Policies. We encourage you to print a full copy for your future reference. Failing to comply with these Company Policies may, in the sole discretion of the Company, cause termination of your rights and benefits under the Contract, including termination of your Distributorship, loss of your right to sponsor other Independent Sales Representatives, loss of your right to earn bonuses, and loss of formal recognition by the Company. Weatherly Farms reserves the right to amend the Contract, including these Company Policies, its discounted or suggested retail prices, product availability and formulations, the Compensation Plan, and any other published materials and forms as it deems appropriate. The Company may amend these Company Policies in accordance with the procedures set forth below. A current version of the Company Policies will always be available to you on the Company’s website at www.WeatherlyFarmsCBD.com.

SECTION 1 - INDEPENDENT SALES REPRESENTATIVE STATUS
1.1   Becoming an Independent Sales Representative
An applicant becomes an Independent Sales Representative through the following steps:
        1. Meet the eligibility requirements (individual applicants must be of legal age in their place of residence, be competent to enter into a contract, and must reside in the United States or a U.S. Territory and have a valid Social Security number; Business Entity applicants must be validly formed and in good standing in the U.S. state or territory in which they will do business, and must have a Federal Tax ID number); 
        2. Review and acknowledge the contents of and agree to be bound by these Company Policies, the Independent Sales Representative Agreement, and the Compensation Plan, signing their agreement during the online process set forth by the company on its website at www.weatherlyfarmscbd.com; 
        3. Pay the Enrollment Fee, which is an annual fee that provides the Independent Sales Representative with access to their own replicated website, a back office page that will give them the tools to manage their business. The new ISR will also receive a Welcome Kit, which contains sales aids and other items helpful in starting a new Weatherly Farms Distributorship. Together, steps 1 through 3 above constitute submission of an “Enrollment Application.” 
The Company may accept or reject any Enrollment Application for any or no reason. Once an applicant submits an Enrollment Application, the Company will have ten (10) business days during which to review and either accept or reject it. Acceptance will automatically be deemed to have occurred once ten (10) business days have passed unless the Company has communicated its rejection in writing to the applicant at the email provided on the Enrollment Application. If the Company accepts the Enrollment Application, the applicant becomes an ISR of the Company, and the effective date of the Contract will be the date the Enrollment Application was submitted to Weatherly Farms (the “Effective Date”). 

The agreement between the Independent Sales Representative and the Company is an integrated agreement that includes all of the following: the Weatherly Farms Independent Sales Representative Agreement, these Company Policies, and the Weatherly Farms Compensation Plan (“Compensation Plan”), in their present form and as they may be amended at the sole discretion of the Company (collectively, the “Contract”). 
1.2   Consent to Collection and Use of Personal Information
During the Enrollment Application process, the Company requires applicants to provide certain personal information that it uses to confirm eligibility, administer the Compensation Plan, make payments of amounts due to Independent Sales Representatives, and as permitted by the Company’s Privacy Policy posted at www.WeatherlyFarmsCBD.com. Before submitting your Enrollment Application, you will be asked to give the Company permission to collect and use your personal information in the manner and for the purposes described above.
1.3   Enrollment Fee and Welcome Kit
The initial fee required to become an Independent Sales Representative is a low administrative fee for processing the Enrollment Application and providing the Independent Sales Representative with access to their replicated web page. All new, first-time Independent Sales Representatives are given a Welcome Kit at no additional cost to the Independent Sales Representative, which provides certain sales aids useful for starting and running a Weatherly Farms Distributorship. The contents of this kit may vary and are subject to change without notice. 
1.4   Enrollment Application Right to Cancel
Although starting a Weatherly Farms Distributorship is an exciting opportunity, occasionally new Independent Sales Representatives may decide that the business opportunity is not for them. New recruits have the right to cancel their application, without penalty or obligation, within ten (10) business days of date of the Enrollment Application. If the recruit desires to cancel, they must notify Weatherly Farms before 12:00 a.m. (Pacific Time) of the tenth business day after submitting the completed Enrollment Application. The cancelation may be made via telephone, mail, or e-mail to receive a full refund. 

New recruits in Montana have the right to cancel their application, without penalty or obligation, within fifteen (15) days of the original transaction date. If a recruit who resides in Montana desires to cancel, they must notify Weatherly Farms before midnight of the fifteenth day after submitting the Enrollment Application via telephone, mail, or e-mail to receive a full refund. The Right to Cancel Notice will appear during the enrollment process. 

The right to cancel is between Weatherly Farms and the new recruit; cancelling the Enrollment Application is not the responsibility of the sponsoring Independent Sales Representative, nor is it the Sponsor’s responsibility to issue the refund. If the Welcome Kit has already been shipped, Weatherly Farms will send a postage-paid label to have it returned and will issue a refund upon receipt of the Welcome Kit.
1.5   Independent Sales Representative Rights
Independent Sales Representatives are given a limited, non-exclusive license to sell Company products and the right to participate in the Compensation Plan. ISRs may sponsor new ISRs in accordance with the policies set forth herein.
1.6   Legal Age
Independent Sales Representatives must be of legal age as determined by the law in the place of their residence.
1.7   Binding Effect of Acts of a Member of a Distributorship
Where one or more persons are or will be co-owners of a Distributorship, the action, consent, or acceptance of or by a co-owner binds the entire Distributorship.
1.8   Divorce
When a couple sharing Distributorship divorces or separates, Company will continue to pay commission checks in the same manner as before the divorce or separation until it receives written notice signed by both parties or a court decree that specifies how future commission checks should be paid, provided the Distributorship remains in compliance with the Contract.
1.9   Corporations, Partnerships & Trusts
Corporations, partnerships, limited liability companies or other forms of business organizations or trusts may become Independent Sales Representatives of Company when the Agreement is accompanied by a federal ID number.
Shareholders, directors, officers, partners, members, beneficiaries, and/or trustees, as applicable, of Distributorship must agree to hold such title, and Company will hold each personally liable and bound by the Contract.
1.10 Fictitious or Assumed Names
A person or entity may not apply as Independent Sales Representative using a fictitious or assumed name.
1.11 Independent Contractor Status
Independent Sales Representatives are independent contractors, responsible for determining their own activities without direction or control by Company. They are not franchisees, joint ventures, partners, employees, or agents of Company and are prohibited from stating or implying, whether orally or in writing, otherwise. Independent Sales Representatives have no authority to bind Company to any obligation. Company is not responsible for payment or co-payment of any employee benefits. Independent Sales Representatives are responsible for their own liability, health, disability, and worker's compensation insurance. Independent Sales Representatives set their own hours and determine how to conduct business, subject to the Contract.
1.12 Taxation
As independent contractors, Independent Sales Representatives will not be treated as franchisees, owners, employees, or agents of Company for federal or state tax purposes including with respect to the Internal Revenue Code, Social Security Act, federal unemployment act, state unemployment acts, or any other federal, state, or local statute, ordinance, rule, or regulation. At the end of each calendar year, Company will issue to each Independent Sales Representative an IRS Form 1099 or other applicable documentation for non-employee compensation as an Independent Sales Representative when required by law.
1.13 Independent Sales Representative Identification Number
Independent Sales Representatives are required by federal law to obtain a Social Security number or Federal ID number. Independent Sales Representatives will be identified by this number, or a company assigned number (the “ISR ID Number”), for purposes of Company's business. The ISR ID Number must be placed on all orders and correspondence with the Company.
1.14 Legal Compliance
Independent Sales Representatives must comply with all federal, state, and local statutes, regulations, and ordinances concerning the operation of their Distributorship. Weatherly Farms is not responsible for providing and will not provide legal or tax advice to Independent Sales Representatives. Independent Sales Representatives are responsible for their own managerial decisions and expenditures including all estimated income and self-employment taxes.
1.15 No Exclusive Territories
There are no exclusive territories for sales or sponsoring purposes. No geographical limitations exist on sponsoring or selling within the United States; provided, however, that Company reserves the right not to sell product or contract with Independent Sales Representatives in specified states or jurisdictions if the Company determines such activities would be contrary to its business interests or for any other reason, which determination shall be made in the sole discretion of the Company. Further, ISRs are prohibited from selling products where such sale would constitute a violation of any local law.
1.16 Ethical Obligations of Independent Sales Representatives
Weatherly Farms Independent Sales Representatives must use their best effort to promote and sell products and services of Company to consumers pursuant to the Contract and to provide training and supervision to ISRs they sponsor. In doing so, Independent Sales Representatives maintain high standards of honesty, integrity, and business ethics when dealing with Consumers, Company, or other Independent Sales Representatives.
SECTION 2 -  PRODUCT SALES AND PURCHASES
2.1   No Requirement to Purchase Products
No purchase of Weatherly Farms products is required to become an Independent Sales Representative or start your business. In fact, there is no requirement to personally purchase products in order to stay active as an Independent Sales Representative with the Company. The Weatherly Farms Compensation Plan is based on and incentivizes sales of product to end-users.
2.2   Stockpiling Prohibited
The Weatherly Farms business opportunity is built on retail sales of Weatherly Farms products to ultimate consumers. Of course, Weatherly Farms understands that one of the reasons many ISRs are attracted to setting up their own Weatherly Farms Distributorship is because they use and enjoy the products personally. Weatherly Farms hopes and expects that its distributors will continue to use the products they love and encourages personal purchases in reasonable amounts. Independent Sales Representatives are not allowed to purchase inventory in an amount that unreasonably exceeds what can be expected to be resold, used as a sales tool, or consumed within a reasonable period of time. 
2.3   Purchasing Products Solely to Qualify for Bonuses is Prohibited
Purchasing products solely for the purpose of collecting bonuses or rank advancement is prohibited. The Company retains the right to limit the amount of purchases an Independent Sales Representative may make if, in its sole judgment, it believes those purchases are being made primarily for bonus or rank qualification purposes instead of for consumption or resale. In addition, the Company reserves the right to recover bonuses paid if it discovers that they have been generated on what the Company deems to be purchases made in violation of the Contract.
2.4   Repackaging Prohibited
Independent Sales Representatives may not print their own product labels or repackage Weatherly Farms products. Products must be sold in their original packaging only.
2.5   Retail Sales Rules
Independent Sales Representatives must save a copy of the receipt given to retail customers; receipt shall be fully completed and include the name, address, and phone number of each retail customer. Upon request by Company, Independent Sales Representatives must provide copies of such receipts to Company. If Company determines that retail sales were not actually made, the Independent Sales Representative must repay Company all commissions earned during the calendar period in which the retail sales were to have been made.
2.6   Over 70% Rule
In order to receive commissions and overrides, Independent Sales Representatives must certify on each product order form that they have sold over seventy percent (70%) in dollar value of all products previously purchased by the Independent Sales Representative at wholesale from the company to non-Independent Sales Representative consumers. Independent Sales Representatives shall maintain retail sales records available to the company for inspection on request.
2.7   Payment Options
Purchases may be paid by cashier's check, ACH, debit card, money order, or major credit card. The Independent Sales Representative and/or retail customers are responsible for paying the costs of any returned checks plus a thirty-five dollar ($35) administrative fee charged by Company. The Company may decline to accept an order in its sole discretion at any time based on past payment history of the customer. If an underpayment is made, the order will not be processed until the full amount is received by Company. If an overpayment is made, Company will process the order and issue a credit to Independent Sales Representative's account, which will automatically refund on the next commission check paid to Independent Sales Representative. Orders will not be processed if cancellation of a credit card is made. Orders for products are not effective until accepted by Company. To expedite shipping, Independent Sales Representatives may authorize Company to keep a valid credit card on file as security for payment. Overdue amounts will accrue interest at the annual rate of 18% or at a higher rate if permitted by law.
2.8   Credit Card Use
The Company strongly discourages Independent Sales Representatives from using their own credit cards to purchase products for another Independent Sales Representative or a customer. Independent Sales Representatives are prohibited from using their own credit cards to purchase products for an Independent Sales Representative in their downline or for any Independent Sales Representative who has been an Independent Sales Representative for less than thirty (30) days. Independent Sales Representatives may not place a product order using someone else’s credit card without the credit card owner’s written permission. In those rare circumstances where it is necessary to purchase product(s) for another Independent Sales Representative or a Retail Customer using the Independent Sales Representative’s own credit card, Independent Sales Representatives must obtain written permission from the person for whom they are ordering. Failure to produce such permission upon request of the Company may result in cancellation of the sale, forfeiture of Commissions resulting from the sale, and other disciplinary action.
2.9   Information Security
Any Independent Sales Representative who chooses to store customer credit card information outside of the Weatherly Farms system must adopt, implement and maintain administrative, technical and physical safeguards to protect such information. This could require encrypting data in order to transmit or store it electronically, having secure storage locations, both physical and digital, and having a means of securely destroying such information. In addition, an Independent Sales Representative who stores customer credit card information must be in compliance with applicable privacy and data security laws, including security breach notification laws.
2.10 Shipping and Handling Policy
Products will be shipped upon clearance of payment. Subject to availability, all products will be shipped by UPS or other similar service within approximately three (3) business days of receipt of payment. Payment for products shall be made at time of order. At Independent Sales Representative's option, the product may be shipped to a customer's designated “Ship-To address”, or to the Independent Sales Representative.
2.11 Backorder Policy
Company will expeditiously ship all products currently in stock. Any out-of-stock items (unless discontinued) will be placed on backorder and distributed when Company receives additional inventory. Independent Sales Representative will be charged and granted commissions on backordered items once the items have shipped. The Company will notify the Independent Sales Representative if any backordered products are subsequently discontinued, in which case the order will be cancelled by the Company. Backorders may be cancelled upon Independent Sales Representative's request, in which case a credit will be made to the Independent Sales Representative's account.
2.12 Damaged Goods
The shipping company is responsible for any damage that occurs after it takes physical custody of the products. An Independent Sales Representative who receives damaged goods should follow this procedure:
        a.     Accept delivery;
        b.     Before the driver leaves, document on the delivery receipt the number of boxes which seem to be damaged and have the driver acknowledge the damage in writing;
        c.     Save the damaged products or boxes for inspection by the shipping agent;
        d.     Make an appointment with the shipping company to have the damaged goods inspected, and call the Weatherly Farms Customer Service Department.
2.13 Shipping Loss
In the event Independent Sales Representative or a customer does not receive a product ordered from Company in a timely fashion, the individual should contact the Weatherly Farms Customer Service Department.
2.14 Refused Shipments
Should Independent Sales Representative refuse delivery on any order placed with Company and such product is subsequently returned to Company, Company shall have the right to place that Independent Sales Representative on suspension pending resolution of the refusal of delivery. Neither Independent Sales Representative nor a consumer shall refuse any shipment from Company unless prior approval of Company has been obtained.
2.15 Pricing Policy
Company will furnish Independent Sales Representatives with a twenty-five percent (25%) discount from its published retail prices in its then current consumer catalog or order form in accordance with its policies. This discount does not apply to literature, business aids, gifts, or special promotional items. Prices for Company's products, and literature are subject to change without prior notice.
2.16 Retail Pricing
Company provides a suggested retail price as a guideline. Independent Sales Representatives may set their own prices for retail sales.
2.17 Promotional Items
All promotional items that bear Company name or logo must be purchased solely from Company unless prior written permission is obtained from Company.
2.18 Sales Tax
Company may collect sales tax on taxable items. Independent Sales Representatives may be responsible to collect and remit sales tax on retail sales to the appropriate tax agencies.
2.19 Place of Sale
The integrity of Company's marketing plan is built upon person-to-person, one-on-one, and in-home presentation methods of sale. Company's products may not be sold to or displayed by any retail outlet, including, but not limited to supermarkets or food stores, flea markets or swap meets, permanent restaurant displays, bars or nightclubs or any such similar establishment, convenience stores or gas stations.
2.20 Product & Services Claims
Independent Sales Representatives may make no claim, representation, or warranty concerning any product or service of Company, except those expressly approved in writing by Company or contained in official Company materials.
Independent Sales Representatives are prohibited from making any claims of any kind pertaining to the benefits of the Company’s products except those given in official company promotional media. Specifically, any claims that the products relieve pain, alleviate stress, or provide any other cure for or treatment of any disease or disease symptoms in humans or pets are not allowed. Independent Sales Representatives may not represent or imply, directly or indirectly, that the company or its products have been approved or endorsed by any governmental agency.
2.21 Fax Blasts, Spamming
Fax blasting and sending unsolicited commercial emails (spamming) are prohibited. Independent Sales Representatives may not engage in unsolicited electronic communications in connection with the advertising, promotion or sale of Weatherly Farms products or in an effort to recruit individuals as Independent Sales Representatives. This includes sending unsolicited faxes and mass emails. Electronic communications may be sent only to (i) persons who have given prior consent to contact by the means of communication used, or (ii) family members, personal friends or others with whom Independent Sales Representatives have a business or personal relationship. Independent Sales Representatives must include an opt-out or unsubscribe method with any email communications they send that contain marketing messages. Independent Sales Representatives must clearly identify themselves as the senders, include their own email address, their own mailing address, and a clear and conspicuous disclosure that the message is a solicitation or advertisement. Email messages must not contain deceptive subject lines. Independent Sales Representatives must honor any opt-out requests within 10 days of receipt.

Independent Sales Representatives must comply with federal telemarketing guidelines, which prohibit unsolicited phone calls to numbers listed on the “do not call” registry. Use of automatic telephone dialing systems is prohibited in connection with your Weatherly Farms Distributorship. 

SMS messages may only be sent with the consent of the recipient, and Independent Sales Representatives must retain evidence of obtaining consent. Each SMS message must contain, in addition to the actual message, the Demonstrator’s name and instructions for requesting that no further messages be sent.
SECTION 3 - RETAIL GUARANTEE AND REFUND POLICY
3.1   Retail Customer Guarantee
Independent Sales Representative must honor Weatherly Farms’ thirty (30) day, 100% satisfaction guarantee to all retail customers. If a retail customer is dissatisfied with any product for any reason, then the retail customer may return that product in its original package and shipping container to Company or the Independent Sales Representative who sold the product within thirty (30) days of purchase, for either replacement or a full refund of the purchase price. This policy does not apply if more than 50% of the product has been used or consumed. Customers who choose to return the product directly to the Company should contact Customer Service to request a return merchandise authorization (“RMA”) and obtain further instructions. The shipment must be marked with the RMA, contain an explanation for the return and the original purchase order number. The full Weatherly Farms Retail Customer Product Refund Policy is posted on the Company website. All other warranties and guarantees are disclaimed.
3.2   Warranties
Except as expressly stated herein or required by law, Company makes no warranty or representation as to the merchantability, fitness for a particular purpose, workmanship or any other warranty concerning any product or service purchased from or through Company.
3.3   Return Policies
To return products you must obtain an RMA and return the products within seven (7) days after you receive the RMA. Company will refund the original purchase price of products, and related sales taxes. SHIPPING & HANDLING FEES ARE NOT REFUNDABLE. YOU ARE RESPONSIBLE FOR PRODUCTS UNTIL COMPANY RECEIVES THEM. YOU WILL BE CHARGED A RESTOCKING FEE OF 10% TO RETURN PRODUCTS. RETURNED PRODUCTS MUST BE IN THE SAME CONDITION AS YOU RECEIVED THM. THIS RETURN POLICY IS NOT A WARRANTY.
NOTE: Company will not accept for return any products you purchased from a reseller. In order to properly process a refund or exchange, Independent Sales Representatives must follow the steps and conditions set forth below:
All returns to Company must be accompanied by:
        a.     A signed statement from the retail customer identifying the reason for the return;
        b.     A copy of the original retail sales receipt; and
        c.     The name, address and telephone number of the retail customer
        d.     Company will prepay the cost of shipping the replacement product(s).
Independent Sales Representative request for refund may, at company's option, be treated as a termination of the Distributorship.
3.4   Buyer's Right to Cancel
Federal law grants a buyer the right to cancel certain sales without penalty prior to midnight of the third business day after the transaction. This rule covers retail consumer sales of $25.00 or more that occur away from the seller's main office. Independent Sales Representatives must orally inform the buyer of the three-day right to cancel at the time the buyer purchases the goods and deliver two (2) three-day cancellation notices to every customer.
        a.     Obtaining the Weatherly Farms Receipt and Notice of Right to Cancel Form. 
The Company will make a printable version of the Weatherly Farms Receipt and Notice of Right to Cancel form available on the Company’s website.
        b.     Time for Cancellation. 
Alaska and North Dakota. Alaska residents who purchase directly from an Independent Sales Representative have five (5) business days, and North Dakota residents age 65 or over, when the purchase from an Independent Sales Representative is more than $50, have fifteen (15) business days (excluding Sundays and legal holidays), after the sale or execution of the contract to cancel the order and receive a full refund.
        c.     Honoring a Cancellation. 
Buyers who cancel an order must be given a refund of all payments made. Independent Sales Representatives must honor any valid notice of cancellation by a buyer and within ten (10) business days after the receipt of such notice, refund all payments made under the contract or sale and cancel and return any negotiable instrument executed by the buyer in connection with the contract or sale. The Company encourages Independent Sales Representatives to honor all cancellations even if made after the applicable time period, and the Company supports Independent Sales Representatives in doing this by providing generous product guarantee, as set forth in Section 3.1.
        d.     Retention of Records. 
        Independent Sales Representatives should keep copies of all retail sales receipts and notices of the right to cancel on file for six (6) years.
SECTION 4 - WEATHERLY FARMS COMPENSATION PLAN
Independent Sales Representatives are compensated by Company in accordance with the Compensation Plan. Please refer to the Compensation Plan document for the full details of the information in this section.
SECTION 5 - PAYMENT OF COMMISSIONS
5.1   Basis for Commissions
Commissions and other compensation cannot be paid until a completed Enrollment Application has been received and accepted by Company. Commissions are paid ONLY on the sale of Company products. No commissions are paid on the purchase of sales materials or for sponsoring Independent Sales Representatives. In order for a Sponsor to receive commissions on products sold by the sponsored Independent Sales Representative, Company must have received and accepted the order prior to the end of the commission period in which the sale is made.
5.2   Commission Period
A business period refers to the time period opening on the first day of the commission period and extending up until order entry closes on the last business day of the period (5:00 p.m.). Company offices are open Monday through Friday 9 a.m.-6 p.m., with the exception of certain holidays as posted by Company.
5.3   Commission Payments
Commissions are paid to “qualified” Independent Sales Representatives, as defined within the Compensation Plan. Independent Sales Representatives must consult the Compensation Plan for a detailed explanation of the benefits, commission structure, and requirements of the Compensation Plan.
5.4   Offset of Commissions
Any commissions or bonuses earned and paid on products returned is the obligation of Independent Sales Representatives earning such commissions and must be repaid to Company. Company has the right to offset such amounts against future commissions and other compensation paid or owed to such Independent Sales Representatives who received commissions.
SECTION 6 - SPONSORSHIP
6.1   Sponsoring
Independent Sales Representatives may sponsor other Independent Sales Representatives into the Company. Independent Sales Representatives must ensure that each potential new Independent Sales Representative has reviewed and has access to the current Company Policies, the Independent Sales Representative Agreement, and Compensation Plan prior to submitting an Enrollment Application. The Independent Sales Representative who sponsors or recruits an individual into the Company is considered the “Sponsor.”
6.2   Multiple Applications
If an applicant submits multiple Enrollment Applications, which list different sponsors, only the first completed Enrollment Application received by Company will be accepted.
6.3   Training Requirement
Sponsors must maintain an ongoing professional leadership association with the Independent Sales Representatives in their organization and must supervise and train the Independent Sales Representatives they sponsor in the sale or delivery of products.

As you sign up a new recruit, take time to set expectations of the level of support, such as training, that you plan to provide. 

The recruits you sponsor who are accepted by the Company as new Independent Sales Representatives, and the Independent Sales Representatives that they in turn sponsor, become your “Downline.”

Weatherly Farms encourages you to focus your training efforts on your first-level Independent Sales Representatives. As you teach individuals in your Downline to be good leaders, they will learn to manage their own Downlines. You may also want to reach out to those in lower levels of your Downline who desire or need additional support. If you see potential in someone in your lower levels, you may consider supplementing the training the Independent Sales Representative is receiving from their Sponsor, where appropriate. It is appropriate for you to talk to the Sponsors of those in your Downline before reaching out to your lower levels. 
Once you have recruited a new Independent Sales Representative, you must act in accordance with the following:
        •You may not place and pay for orders for another Independent Sales Representative. Once new recruits have signed up as Independent Sales Representatives, they must place and pay for their own orders. You cannot place your own customer or personal orders with them for the purpose of helping them to advance or otherwise receive benefits.
        •You may not enter your payment information in a new recruit’s order. This policy protects both parties from any possible fraud, identity theft, or tax liability issues. Payment information includes any credit card, direct deposit, and checking account information. If the new recruit is unable to provide direct deposit, credit card, or checking account information, they should contact Independent Sales Representative Support.
        •You may not enter your own contact information in your recruit’s profile. The recruit should provide accurate contact information (including their own e-mail, address, and phone number) in their profile. If the recruit is unable to provide contact information when they are signing up, such as an e-mail address, they should contact the Company directly in order to sign up.
6.4    Income Claims
Independent Sales Representatives must truthfully and fairly describe the Compensation Plan. No past, potential, or actual income claims may be made to prospective Independent Sales Representatives, nor may Independent Sales Representatives use their own income as indications of the success assured to others. Commission checks may not be used as marketing materials. Independent Sales Representatives may not guarantee commissions or estimate expenses to prospects.

Success as an Independent Sales Representative is not guaranteed in any way and requires, among other things, hard work, dedication, and sales skills. Independent Sales Representatives’ statements to potential recruits must reflect this understanding. Independent Sales Representatives are prohibited from making claims as to income potential, either written or oral, except those prepared by the Company for illustration purposes only. When presenting the Company program to others, Independent Sales Representatives are required to present the program in its entirety, without omission, distortion, or misrepresentation.
6.5   Transfer of Sponsorship
The company does not permit the transfer of Sponsors. Network marketing is a business of creating relationships. Once an Independent Sales Representative is sponsored, the company believes in maximum protection of that relationship. The only exception is upon prior written approval of Company to correct ethical violations as determined at the sole discretion of Company or after termination as explained in Section 8. 
6.6   Cross Sponsoring
Independent Sales Representative may not sponsor, or attempt to sponsor, any non-personally sponsored independent sales representatives in any other network marketing company. In addition, no Independent Sales Representative may participate in any action that causes another Independent Sales Representative to be sponsored through someone else into another network marketing company.
SECTION 7 - SUSPENSION
7.1   Suspension
Independent Sales Representative may be suspended for violating the terms of their Contract, which includes these Company Policies, the Independent Sales Representative Agreement, and the Compensation Plan and other documents produced by Company. When a decision is made to suspend an Independent Sales Representative, the Company will inform the Independent Sales Representative in writing that the suspension has occurred—effective as of the date of the written notification—the reason for the suspension, and the steps necessary to remove such suspension (if any). The suspension notice will be sent to the Independent Sales Representative’s “address on file” pursuant to the notice provisions contained in the Company Policies the Independent Sales Representative Agreement. Such suspension may or may not lead to termination of the Independent Sales Representative, which will be determined by Company in its sole discretion. If the Independent Sales Representative wishes to appeal the suspension, Company must receive such appeal in writing within fifteen (15) days from the date of the suspension notice. Company will review and consider the suspension and notify the Independent Sales Representative in writing of its decision within thirty (30) days from the date of the suspension notice. The decision of Company will be final and subject to no further review. Company may take certain action during the suspension period, including but not limited to the following:
        a.     Prohibiting the suspended Independent Sales Representative from holding them self out as an Independent Sales Representative;
        b.     Prohibiting the suspended Independent Sales Representative from using any of Company's proprietary marks and/or materials;
        c.     Withholding commissions and bonuses that are due the Independent Sales Representative during the suspension period;
        d.     Prohibiting the Independent Sales Representative from purchasing products from Company; and
        e.     Prohibiting the Independent Sales Representative from sponsoring new Independent Sales Representatives, contacting current Independent Sales Representatives, or attending meetings of Independent Sales Representatives.

If Company, in its sole discretion, determines that the violation which caused the suspension is continuing and has not satisfactorily been resolved or a new violation involving the suspended Independent Sales Representative has occurred, the suspended Independent Sales Representative may be terminated.
SECTION 8 - TERM, RENEWAL, AND TERMINATION
8.1   Term
Unless otherwise terminated under the provisions of this Section 8, the Contract shall have a one (1) year term, which shall begin on the Effective Date, as defined in the Independent Sales Representative Agreement, and end one year from the date thereof (the “Anniversary Date”).
8.2   Renewal
Unless an Independent Sales Representative notifies the Company of the intent not to renew, or unless the Contract has been terminated by the Company, the Contract will be renewed automatically each year on its Anniversary Date. 
8.3   Voluntary Resignation
An Independent Sales Representative may voluntarily terminate his or her Independent Sales Representative status by failing to renew or by sending thirty (30) days written notice of such resignation or termination to Company. Voluntary resignation is effective upon receipt of such notice by Company.
An Independent Sales Representative who resigns or terminates their Independent Sales Representative status may reapply as Independent Sales Representative three (3) months after resignation. On this new Enrollment Application, a new Sponsor may be indicated.
8.4   Termination
Subject to any rights to a hearing and appeal when termination is made for disciplinary purposes as set forth in these Company Policies, the Company may terminate the Contract at any time with or without cause by giving thirty (30) days’ written notice of such termination, or by giving such notice as may be required or permitted by the laws of the jurisdiction in which the Independent Sales Representative resides. Company reserves the right to terminate the Contract immediately upon receipt of sufficient information that the Independent Sales Representative violated any term or condition of the Contract or otherwise acted illegally or unethically. If an Independent Sales Representative has not paid the annual re-enrollment fee prior to the renewal date, the ISR shall be deemed to have voluntarily terminated the Contract, and thereby lose their Distributorship, all sponsorship rights, their position in the Compensation Plan and all rights to commissions and bonuses. Independent Sales Representatives whose Contract is terminated for failure to renew, will be bound by the same rules applicable to all other terminations as set forth in Section 7 of these Company Policies. 

Independent Sales Representative may be immediately terminated for violating the terms of the Contract upon written notice. Company may terminate a violating Independent Sales Representative without placing the Independent Sales Representative on suspension, at Company's sole discretion. When the decision is made to terminate Independent Sales Representative, Company will inform the Independent Sales Representative in writing at the address in the Independent Sales Representative's file that the termination has occurred.
        a.     Appeal of Termination
If Independent Sales Representative wishes to appeal the termination, Company must receive the appeal in writing within fifteen (15) days from the date of notice of termination. If no appeal is received within the fifteen (15) day period, the termination will automatically be deemed final. If Independent Sales Representative files a timely notice of appeal, Company will review the appeal and notify the Independent Sales Representative of its decision within thirty (30) days after receipt of the appeal. The decision of Company will be final and subject to no further review. In the event the termination is not rescinded, the termination will remain effective as of the date stated in the original termination notice.
        b.     Effect of Termination
                Immediately upon termination, the terminated Independent Sales Representative:
                (1)   Must remove and permanently discontinue the use of the trademarks, service marks, trade names and any signs, labels, stationary or advertising referring to or relating to any product, plan or program of Company.
                (2)   Must cease representing themselves as Independent Sales Representative of Company;
                (3)   Loses all rights to their position in the Compensation Plan and to all future commissions and earnings resulting therefrom;
                (4)   Must take all action reasonably required by Company relating to protection of Company's confidential information. Company has the right to offset any amounts owed by Independent Sales Representative to Company including, without limitation, any indemnity obligation incurred pursuant to Section 14 herein, from commissions or other compensation due to the Independent Sales Representative.
SECTION 9 - PRODUCT REPURCHASE POLICY
9.1   Company’s Obligation to Repurchase Upon Termination
An Independent Sales Representative may cancel the Contract at any time for any reason upon notice to the Company of the election to cancel, and the Company shall repurchase all product(s) in resalable condition purchased within twelve (12) months prior to termination may be returned (shipping prepaid). Company will repurchase such products at 90% of the original price less any bonus or commissions paid. All current sales aids and Company Business Kit in resalable condition purchased within twelve (12) months prior to terminating may be returned (shipping prepaid). Company will purchase back such materials at 90% of original price. ISRs residing in certain jurisdictions may have additional rights with regard to the Company’s repurchase of goods, sales aids, and services. Weatherly Farms will comply with any requirements at variance with this paragraph, if any, as may be specified by state or federal law.
9.2   Specific State Law Provisions Applicable to Product Repurchase
        a.    Notice to Residents of Georgia: A participant in this multilevel marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address. The Company will honor an ISR’s cancellation rights in accordance with GA Code § 10-1-415 (2017). 
        b.    Notice to Residents of Montana: If an ISR cancels participation within the time provided and returns any items given to the ISR to assist in marketing goods or services under the plan, the ISR is entitled to a refund of any consideration given to participate in Weatherly Farms, and on the request of an ISR deciding to terminate participation in Weatherly Farms, the Company will repurchase, at not less than 90% of the amount paid by the ISR, any currently marketable goods or services sold to the ISR within 12 months of the request that have not been resold or consumed by the ISR. If disclosed to the ISR at the time of purchase, goods are not considered currently marketable if the goods have been consumed or if the goods are seasonal, discontinued, or special promotional items.
        c.    Notice to Residents of Puerto Rico: You may cancel the Contract at any time and for any reason within ninety (90) days after the Effective Date, or at any time upon showing noncompliance with any of the essential obligations of the Contract on the part of the Company or any act or omission by the Company which affects adversely your interests in the development of the market for the products. You must notify the Company of your cancellation in writing and send the notification by registered mail. If you cancel in accordance with these conditions, the Company will repurchase all products you purchased which are in your possession and in good condition, at a price of not less than ninety percent (90%) of their original net cost. In addition, the Company will return to you not less than 90% of the original net cost of any services you paid for and will return not less than 90% of any sum you paid for the purpose of participating in the Weatherly Farms business.
9.3   Reapplication
The acceptance of any reapplication of a terminated Independent Sales Representative or the application of any family member of a terminated Independent Sales Representative shall be at the sole discretion of Company and can be denied for any reason or no reason.
9.4State Laws
Where state laws on termination are inconsistent with this policy, the applicable state law shall apply.
SECTION 10 - TRANSFERABILITY
10.1 Acquisition of Business
Any Independent Sales Representative desiring to acquire an interest in another Independent Sales Representative's Distributorship must first terminate his or her Independent Sales Representative status and wait three (3) months before becoming eligible for such a purchase. All such transactions must be fully disclosed and must be approved by Company in advance.
10.2 Transfers of Independent Sales Representatives
Except as expressly set forth herein, Independent Sales Representative may not sell, assign or otherwise transfer his or her Distributorship (or rights thereof) to another Independent Sales Representative or to an individual which has an interest in a Weatherly Farms Distributorship. Notwithstanding the foregoing, Independent Sales Representative may transfer his or her Distributorship to his or her Sponsor, subject to the conditions of Section 10.3. In such an event, the sponsor's entity and the transferring Independent Sales Representatives entity shall be merged into one entity.
10.3 Conditions to Transferability
Independent Sales Representatives may not sell, assign, merge or transfer the Distributorship (or rights thereto) without the prior written approval of Company and compliance with the following conditions:
        a.     Company possesses the right of first refusal with respect to any sale, assignment, transfer or merger of any Distributorship. Independent Sales Representative wishing to sell, assign, transfer, or merge their Distributorship must first provide Company with the right and option to make such a purchase or receive such transfer in writing on the same terms and conditions as any outstanding or intended offer. Company will advise the Independent Sales Representative within ten (10) business days after receipt of such notice of its decision to accept or reject the offer. If Company fails to respond within the ten (10) day period or declines such offer, the Independent Sales Representative may make the same offer or accept any outstanding offer which is on the same terms and conditions as the offer to Company to any person or entity who is not Independent Sales Representative, married to, or a dependent of Independent Sales Representative or who has any interest in Independent Sales Representative;
        b.     The selling Independent Sales Representative must provide Company with a copy of all documents which detail the transfer, including without limitation the name of the purchaser, the purchase price, and terms of purchase and payment;
        c.     An office administration transfer fee of $100.00 must accompany the transfer documents;
        d.     The documents must contain a covenant made by the selling Independent Sales Representative for the benefit of the proposed purchaser not to compete with the purchaser or attempt to divert or sponsor any existing Independent Sales Representative for a period of one (1) year from the date of the sale or transfer;
        e.     Upon a sale, transfer, or assignment being approved in writing by Company, the buying Independent Sales Representative must assume the position and terms of agreement of the selling Independent Sales Representative and must execute a current Agreement and all such other documents as required by Company; and
        f.     Company reserves the right, at its sole discretion, to stipulate additional terms and conditions prior to approval of any proposed sale or transfer. Company reserves the right to disapprove any sale or transfer, where allowed by law.
10.4 Circumvention of Policies
If it is determined, in Company's sole discretion, that a Distributorship was transferred in an effort to circumvent compliance with Contract, the transfer will be declared null and void. The Distributorship will revert back to the transferring Independent Sales Representative, who will be treated as if the transfer had never occurred from the reversion day forward. If necessary and at Company's sole discretion, appropriate action, including, without limitation, termination, may be taken against the transferring Independent Sales Representative to ensure compliance with the Contract.
10.5 Succession
Notwithstanding any other provision of this Section, upon the death of Independent Sales Representative, the Distributorship will pass to his or her successors in interest as provided by law. However, Company will not recognize such a transfer until the successor in interest has executed a Contract and submitted certified copies of the death certificate, will, trust or other instrument required by Company. The successor will thereafter be entitled to all the rights and be subject to all the obligations of an Independent Sales Representative.
10.6 Re-entry
Any Independent Sales Representative who transfers his or her Distributorship must wait for three (3) months after the effective date of such transfer before becoming eligible to reapply to become an Independent Sales Representative.
SECTION 11 - PROPRIETARY INFORMATION
11.1 Confidentiality Agreement
During the term of the Contract, Company may supply to Independent Sales Representatives confidential information including but not limited to genealogical and downline reports, customer lists, customer information developed by Company or developed for and on behalf of Company by Independent Sales Representatives (including, but not limited to, credit data, customer and Independent Sales Representative profiles and product purchase information), Independent Sales Representative lists, manufacturer and supplier information, business reports, commission or sales reports and such other financial and business information which Company may designate as confidential (“Confidential Information”). All such information (whether in written or electronic format) is proprietary and confidential to Company and is transmitted to Independent Sales Representatives in strictest confidence on a “need to know” basis for use solely in Independent Sales Representatives’ business with Company. Independent Sales Representatives must use their best efforts to keep such information confidential and must not disclose any such information to any third party, or use this information for any non-company activity directly or indirectly while an Independent Sales Representative and thereafter.
Independent Sales Representatives must not use Confidential Information to compete with Company or for any purpose other than promoting Company's program and its products. Upon expiration, non-renewal or termination of the Contract, Independent Sales Representatives must discontinue the use of such Confidential Information and promptly return any Confidential Information in their possession to Company.
11.2 Vendor Confidentiality
Company's business relationships with its vendors, manufacturers, and suppliers are confidential. Independent Sales Representatives must not contact—directly or indirectly—or speak to, or communicate with any supplier or manufacturer of Company except at Company sponsored events at which the supplier or manufacturer is present at the request of Company.
SECTION 12 - COPYRIGHTS, TRADEMARKS, LITERATURE, AND ADVERTISING
12.1 Trademarks
Company’s name, trademarks, service marks, and copyrighted materials are owned by the Company. The use of such marks and materials must be in strict compliance with these Company Policies.
12.2 Copyright Restrictions
With respect to product purchases from Company, Independent Sales Representatives must abide by all manufacturers' use restrictions and copyright protections.
12.3 Advertising & Promotional Materials
Only the promotional and advertising materials produced by Company or approved in advance in writing by Company may be used to advertise or promote an Independent Sales Representative's business or to sell products of Company. Company's literature and materials may not be duplicated or reprinted without Company’s prior written permission.
12.4 Use of Company Name
Independent Sales Representatives may use the name of Company only in the following format: “Independent Sales Representative for Weatherly Farms, Inc.”
12.5 Stationery and Business Cards
Independent Sales Representatives are not permitted to create their own stationery, business cards, or letterhead graphics if Company's trade name or trademarks are used. Company letterhead, envelopes, and business cards bearing Company’s approved graphics version and wording must be ordered using the online/stationery order form.
12.6 Electronic Advertising
Independent Sales Representatives may not advertise or promote their Distributorship or Company's business, products, or marketing plan or use Company's name in any electronic media or transmission, including on the Internet via web sites or otherwise, without the prior written approval of Company's legal department.
12.7 Telephone Listing
Independent Sales Representatives are not permitted to use Company's trade name in advertising their telephone numbers in the white or yellow page sections of the telephone book. Independent Sales Representatives are not permitted to list their telephone numbers under Company's trade name without first obtaining Company's prior written approval. If approval is granted for an “800” listing, it must be stated in the following manner: “Independent Sales Representative for Weatherly Farms, Inc.”
12.8 Telephone Answering
Independent Sales Representatives may not answer the telephone by saying “Weatherly Farms,” or in any other manner that would lead the caller to believe that they have reached the offices of the Company.
12.9 Imprinted Checks
Independent Sales Representatives are not permitted to use Company trade name or any of its trademarks or service marks on their business or personal checking accounts.
12.10 Media Interviews
Independent Sales Representatives are prohibited from granting radio, television, newspaper tabloid, or magazine interviews or using public appearances, public speaking engagements, or making any type of statement to the public media to publicize the Company, its products, or Company businesses, without the express prior written approval of Company. All media inquiries should be in writing and referred to Company's corporate office, legal department.
12.11 Endorsements
No endorsement by a Company officer or administrator or third party may be asserted, except as expressly communicated in Company literature and communications. Federal and state regulatory agencies do not approve or endorse direct selling programs. Therefore, Independent Sales Representatives may not represent or imply, directly or indirectly, that Company's programs or products have been approved or endorsed by any governmental agency.
12.12 Recordings
Independent Sales Representatives may not produce or reproduce for sale or personal use products sold by Company or any Company-produced literature, audio or video material, presentations, events or speeches, including conference calls. Making video and/or audio recordings of Company meetings and conferences is strictly prohibited.
12.13 Independent Communications
Independent Sales Representatives, as Independent Contractors, are encouraged to distribute information and direction to their respective Downlines. However, Independent Sales Representatives must identify and distinguish between personal communications and the official communications of Company.
SECTION 13 - DISPUTE RESOLUTION
13.1 Mandatory Arbitration and Class Action Waiver
In the event a dispute arises between the Company and an Independent Sales Representative, the Company and the Independent Sales Representatives agree to try to resolve it informally for sixty (60) days. If no resolution is reached within that time, the matter will be resolved by binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”). As explicitly agreed in the Independent Sales Representative Agreement, no matter will be resolved in court in front of a judge or jury except for those small claims specifically allowed under the Small Claims section herein. With the exception of Small Claims, all claims shall be exclusively resolved pursuant to binding arbitration under the Commercial Rules of the American Arbitration Association with arbitration to occur at Las Vegas, Nevada. A neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed. Combining individual proceedings without the consent of all parties is not allowed. An arbitrator cannot combine cases or consolidate claims.

The Arbitrator may award, in addition to declaratory relief, contractual damages and shall award reasonable attorney’s fees and costs to the prevailing party. An award of attorney’s fees and costs shall continue through any review, appeal, or enforcement of an arbitration decision. The arbitration decision may be enforced in any court of competent jurisdiction. This provision shall not be construed so as to prohibit either party from obtaining preliminary or permanent injunctive relief in any court of competent jurisdiction. The parties each expressly waive their right to collect consequential, punitive, and exemplary damages from the other party.
        a.   Disputes Covered. The term "dispute" is as broad as it can be. It includes any claim or controversy between you and the Company concerning the Independent Sales Representative Agreement, the Company Policies, the Compensation Plan, any advertising, marketing, or communications, any products or services offered or sold, and any purchase transactions or billing, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement by you or the Company of intellectual property rights, confidentiality obligations, non-competition, non-solicitation, or impairment of good will, since these types of claims may require immediate action, which is not always available in an arbitration forum.
        b.   Injunctive Relief. Notwithstanding this dispute resolution provision, nothing herein shall prevent the Company from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary restraining order, preliminary injunction, permanent injunction, or other relief available to safeguard and protect the Company’s interest prior to, during, or following arbitration or other proceeding.
        c.   Notice of Dispute. If you have a dispute and have not been able to resolve it with your Sponsor or using the telephone and email contract provided to you for the Company, send a Notice of Dispute by U.S. Mail to Weatherly Farms, Inc., 2120 Lime Road, Pioche, NC 89043. Include your name, address, how to contact you, what the problem is, and what you want. The Company will do the same if it has a dispute with you. You and Weatherly Farms will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or the Company may start an arbitration under the rules described above if the dispute is unresolved.
        d.   Small Claims Court Option. Instead of mailing a Notice of Dispute, you may sue the Company in small claims court in your county of residence (or, if a business entity, your principal place of business) or Lincoln County, Nevada, if you meet the court’s requirements.
13.2 Arbitration Procedure. 
The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if the value of the dispute is $75,000 or less, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. To start an arbitration, submit the form available at https://www.adr.org/sites/default/files/Commercial_Demand_for_Arbitration042020.pdf to the AAA and mail a copy to the Company. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in Las Vegas, NV. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. The arbitrator will not have the authority to award non-economic, consequential, punitive, exemplary or incidental damages, or lost profits.
13.3 Arbitration Fees and Payments.
        a.   Disputes Involving $75,000 or Less. Weatherly Farms will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject the Company’s last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than this last written offer, the Company will: (i) pay the greater of the award or $1,000; (ii) pay your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration.
        b.   Disputes Involving More than $75,000. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
        c.   Must File Within One Year. You and the Company must file in arbitration any claim or dispute (except intellectual property disputes – see above) within one year from when it first could be filed. Otherwise, the claim or dispute is permanently barred.
        d.   Applicability. This agreement to arbitrate applies to Weatherly Farms, Inc. as well as to all owners, officers, directors, employees or principals of Weatherly Farms Inc., and all others who claim any rights or benefits based upon or relating to the Company/Independent Sales Representative relationship or who make any claim or defense based upon or relating to Contract.
        e.   Rejecting Future Arbitration Changes. You may reject any change Weatherly Farms Inc. makes to this Binding Arbitration and Class Action Waiver (except address changes) by sending the Company notice within 30 days of the change by U.S. Mail to Weatherly Farms Inc., 2120 Lime Road, Pioche, NC 89043. If you do, the most recent version of this Binding Arbitration and Class Action Waiver provision before the change you rejected will apply.
        f.   Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of this Binding Arbitration and Class Action Waiver is found to be illegal or unenforceable, that provision will be severed but the rest of this Binding Arbitration and Class Action Waiver still applies.
        g.   Conflict with AAA Rules. These terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
13.4 Survival. 
This agreement to arbitrate will survive the cancellation or termination of the Contract.
Louisiana Residents:  Notwithstanding the foregoing, a Louisiana resident is entitled to bring an action against the Company with jurisdiction and venue as provided by Louisiana law.

You acknowledge that you have read the foregoing mandatory arbitration and class action waiver provisions and understand that you are waiving any right to commence or participate in a class action against Weatherly Farms, Inc.
SECTION 14 - GENERAL PROVISIONS
14.1 Indemnity
Each and every Independent Sales Representative agrees to indemnify and hold harmless Company, its shareholders, officers, directors, employees, agents, and successors in interest from and against any claim, demand, liability, loss, cost or expense including, but not limited to, court costs and attorneys' fees, asserted against or suffered or incurred by any of them, directly or indirectly arising out of or in any way related to or connected with allegedly or otherwise, the Independent Sales Representative’s (a) activities as an Independent Sales Representative; (b) breach of the terms of the Contract; and/or (c) violation of or failure to comply with any applicable federal, state or local law or regulation.
14.2 Processing Charges
Company reserves the right to institute a processing charge for printed commission checks and/or genealogy requests.
14.3 Other Services & Products
Independent Sales Representatives may not promote or sell another company's products or services at functions organized to feature Company's products. Independent Sales Representatives are not restricted from selling other company's services and products which are not similar to or competitive with the products and services of Company. However, promotion of competitive services, products and/or business programs with anyone, including Independent Sales Representatives, is strictly prohibited.
14.4 Liability
To the extent permitted by law, Company shall not be liable for, and each Independent Sales Representative releases Company from, and waives all claims for any loss of profits, indirect, direct, special, or consequential damages or any other loss incurred or suffered by Independent Sales Representative as a result of (a) the breach by Independent Sales Representative of the Contract and/or the Terms and Conditions and/or the Policies and Procedures; (b) the operation of Independent Sales Representative's business; (c) any incorrect or wrong data or information provided by Independent Sales Representative; or (d) the failure to provide any information or data necessary for Company to operate its business, including, without limitation, the enrollment and acceptance of Independent Sales Representative into the Compensation Plan or the payment of commissions and bonuses.
14.5 Recordkeeping
Company encourages all Independent Sales Representatives to keep complete and accurate records of all their business dealings.
14.6 Force Majeure
Company shall not be responsible for delays or failure in performance caused by circumstances beyond a party's control, such as but not limited to: fire, flood, earthquake, storm, power outages, labor difficulties, strikes, war, government decrees, or orders and/or curtailment of a party's usual source of supply.
14.7 Violations
It is the obligation of every Independent Sales Representative to abide by and maintain the integrity of these Company Policies. If Independent Sales Representative observes another Independent Sales Representative committing a violation, they should discuss the violation directly with the violating Independent Sales Representative. If the Independent Sales Representative wishes to report such violation to Company, the violations must be detailed and submitted in writing to the Company, with such correspondence marked, “Attention: Legal Department.” The report of violation must include the name of the violating Independent Sales Representative and the date and particulars of the violation.
14.8 Amendments
Company reserves the right to amend the Independent Sales Representative Agreement, the Company Policies, its retail prices, product availability and the Compensation Plan at any time without prior notice, as it deems appropriate. Amendments will be communicated to Independent Sales Representatives through commercially reasonable channels which may include publishing a notice on the official Company website or official Company publications or by providing notice to Independent Sales Representative using the contact information provided by Independent Sales Representative on the Enrollment Application. Amendments are effective and binding upon written notice to the Independent Sales Representative. In the event any conflict exists between the original documents or policies and any such amendment, the amendment will control. If you do not agree to any amendment, you must cancel your Distributorship in writing no later than the effective date of the amendment. Your continued operation of your Weatherly Farms Distributorship or acceptance of bonuses or commissions constitutes your acceptance of any and all amendments.
14.9 No Waiver
No failure of Company to exercise any power under these Company Policies or to insist upon strict compliance by Independent Sales Representative with any obligation or provision herein, and no custom or practice of the parties at variance with these Company Policies, shall constitute a waiver of Company's right to demand exact compliance with the Contract, including these Company Policies. Company's waiver of any particular default by Independent Sales Representative shall not affect or impair Company's rights with respect to any subsequent default, nor shall it affect in any way the rights or obligations of any other Independent Sales Representative. No delay or omissions by Company to exercise any right arising from a default effect or impair Company's rights as to that or any subsequent or future default. Waiver by Company can be affected only in writing by an authorized officer of Company.
14.10 Governing Law
The Contract shall be governed by the laws of Nevada.
14.11 Entire Agreement
These Company Policies are incorporated into the Contract which constitutes the entire agreement of the parties regarding their business relationship.
14.12 Severability
If under any applicable and binding law or rule of any applicable jurisdiction, any provision of the Contract, including these Company Policies, or any specification, standard, or operating procedure which Company has prescribed is held to be invalid or unenforceable, Company shall have the right to modify the invalid or unenforceable provision, specification, standard, or operating procedure or any portion thereof to the extent required to be valid and enforceable, and the Independent Sales Representative shall be bound by any such modification. The modification will be effective only in the jurisdiction in which it is required.
14.13 Limitation of Damages
TO THE EXTENT PERMITTED BY LAW, COMPANY AND ITS INDEPENDENT SALES REPRESENTATIVES, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES, SHALL NOT BE LIABLE FOR, AND INDEPENDENT SALES REPRESENTATIVE HEREBY RELEASE THE FOREGOING FROM, AND WAIVE ANY CLAIM FOR LOSS OF PROFIT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY ARISE OUT OF ANY CLAIM WHATSOEVER RELATING TO COMPANY PERFORMANCE, NONPERFORMANCE, ACT OR OMISSION WITH RESPECT TO THE BUSINESS RELATIONSHIP OR OTHER MATTERS BETWEEN ANY COMPANY AND COMPANY, WHETHER SOUNDING IN CONTRACT TORT OR STRICT LIABILITY. COMPANY SHALL NOT EXCEED AND IS HEREBY EXPRESSLY LIMITED TO, THE AMOUNT OF UNSOLD COMPANY SERVICES AND/OR PRODUCTS OF COMPANY OWNED BY THE INDEPENDENT SALES REPRESENTATIVE AND ANY COMMISSIONS OWED TO THE INDEPENDENT SALES REPRESENTATIVE.
14.14 Notice
Any communication, notice, or demand of any kind whatsoever which either the Independent Sales Representative or Company may be required or may desire to give or to serve upon the other shall be in writing and delivered by electronic communication whether by telex, telegram, Email or telecopy (if confirmed in writing sent by registered or certified mail, postage prepaid, return receipt requested). Any such communication, notice or demand shall be deemed to have been given or served on the date of confirmed dispatch, if by electronic communication, or on the date shown on the return receipt or by other evidence if delivery is by mail.

Home Office:
Weatherly Farms, Inc.
2021 Lime Road
Pioche, NV 89043
Email: info@wfcbd.net
Phone: 1-877-367-2231

 

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