Aportaciones  voluntarias  al  Sistema  Multilateral

You acknowledge that the Jamberry website may be subject to temporary shutdowns from time to time for maintenance and/or due to causes beyond the operating party's reasonable control, and that neither party shall have any liability to the other by reason of any such shutdowns.

C

ONTRACTUAL

R

EMEDIES

Any breach of these Policies & Procedures or the Consultant Agreement, or any illegal, fraudulent, deceptive or unethical business conduct on your part may result, at our sole discretion, in one or more of the following contractual remedies:

• Issuance of a written warning or admonition.

• Seeking a liquidated damages amount from you, which may be imposed immediately or withheld from future commission cheques.

• Reassignment of all or part of your organization.

• Placing you on Account Hold, during which period you may not conduct Jamberry business or receive compensation.

• Suspension of your Consultant status, which may result in termination, or reinstatement with conditions or restrictions.

• Termination of Consultant status.

A

CTS OF

H

OUSEHOLD

M

EMBERS

The violation of a provision of the Jamberry Consultant Agreement or these Policies & Procedures by any member of your immediate household will be imputed to you and will subject you to appropriate action by Jamberry Canada, including possible termination of your status as a Consultant.

G

RIEVANCES AND

C

OMPLAINTS

If you have a grievance or complaint about another Consultant that you are unable to resolve regarding any practice or conduct related to the Jamberry business, please submit a report (electronic or written) describing the situation to Jamberry Canada Consultant Support for review to

[email protected].

R

EPORTING

P

OLICY

V

IOLATIONS

If you observe a violation of the Policies & Procedures by another Jamberry Consultant, please submit a report (electronic or written) to Jamberry Consultant Support ([email protected])

describing the circumstances, evidence and any other pertinent information. Your report to the Company will be held in the strictest confidence.

A

MENDMENTS

The Company reserves the right to amend 1) Consultant Agreement, 2) the Compensation Plan, 3) the Policies & Procedures, 4) its prices, 5) product and service availability at any time without prior notice as it deems appropriate. Amendments will be communicated to Consultants through official Company publications, websites, or voice or e-mail. Amendments are effective and binding on all Consultants as of the date of issuance. In the event of any conflict between the original documents and policies and any such amendment, the amendment will control.

I

NDEMNIFICATION

/O

FFSET

As a Consultant, you indemnify and hold harmless Jamberry Canada and its owners, employees, agents and assigns from and against any damages, claims or liabilities and expenses (including attorneys’ fees) incident to your: (a) activities as a Consultant including, without limitation, any unauthorized

representations made by you; (b) breach of the terms of the Consultant Agreement; or (c) violation of or failure to comply with any applicable federal, provincial or municipal laws or regulations. Jamberry Canada shall have the right to offset any amounts owed by you to Jamberry Canada (including, without limitation, the repayment of commissions as a result of product returns) against the amount of any commissions or bonuses owed to you.

T

ELEPHONE

S

OLICITATION

Consultants may not use or transmit unsolicited faxes, make unsolicited telephone calls, or use an automatic telephone dialing system relative to the operation of their Jamberry businesses and agree to inform themselves of the laws applicable to telemarketing. The terms “unsolicited faxes” and

“unsolicited telephone calls” means faxes and telephone calls, respectively, made for the purpose of solicitation to a recipient who has not consented to the fax or telephone call. The term “automatic telephone dialing system” means equipment which has the capacity to: (a) store or produce telephone numbers to be called, using a random or sequential number generator; and (b) to dial such numbers. Consultants are not authorized to make unsolicited telephone calls or send unsolicited faxes on Jamberry Canada’s behalf. If a Consultant decides to make such calls to persons with whom he/she has an Existing Business Relationship (defined to arise where (1) a product or service has been purchased by the person from the Consultant within the previous 18 months, (2) an inquiry or

application has been made by the person of the Consultant within the previous 6 months, or (3) there is a written contract currently in effect between the person and the Consultant or that has expired within the previous 18 months), they do so on their own behalf and are required to undertake that they will comply with all applicable rules and laws, including: (1) privacy laws, (2) registration with the National Do Not Call List program under the Telecommunications Act rules, (3) maintaining a Do Not Call List so that consumers may request not to be called, and (4) disclosing the following information at the beginning of the call: purpose of the call, a toll-free telephone number for questions or comments about the call, the nature of the product or business interest being promoted, and the identity of the person or organization on whose behalf the call is made, the price of any product being promoted and any material restrictions, terms or conditions applicable to its delivery. Consultants are not permitted to make or send any other unsolicited telephone calls or unsolicited faxes.

C

UMULATIVE

R

EMEDIES

/W

AIVER

All rights, powers and remedies given to Jamberry Canada are cumulative, not exclusive and in addition to any and all other rights and remedies provided by law. No failure or delay of Jamberry Canada to exercise any power or right under this Agreement or to insist upon strict compliance by you with any obligation or provision shall constitute a waiver of Jamberry Canada’s right to demand exact compliance therewith. Waiver by Jamberry Canada can be effective only in writing by an authorized officer of Jamberry Canada.

I

NJUNCTIVE

R

ELIEF

Upon any breach of the Consultant Agreement by the Consultant, Jamberry Canada will be immediately and irreparably harmed and cannot be made whole solely by monetary damages. Because the remedy at law for any breach of any provision of the Consultant Agreement shall be inadequate, in addition to any other remedies in law or in equity that it may have, Jamberry Canada shall be entitled, without the necessity of proving actual damages, to temporary and permanent injunctive relief to prevent the breach of any provision of this Agreement and/or to compel specific performance of this Consultant Agreement. In addition, Jamberry Canada shall be entitled to its costs and expenses, including reasonable attorneys’ fees, in enforcing its rights under the Consultant Agreement.

W

AIVER

Jamberry Canada maintains its right to insist on compliance with these Policies & Procedures or with the applicable laws governing the conduct of a business. In the event that we permit a variance of the rules, that permission does not extend to future variances. This provision deals with the concept of “waiver,” and the parties agree that we do not waive any of our rights under any circumstances.

J

URISDICTION

All disputes and claims relating to Jamberry, the Consultant Agreement, the Compensation Plan, the Company’s products, the rights and obligations of the Consultant, or any other claims or cause use of action relating to the performance of either the Consultant or Jamberry Canada under the agreement shall be adjudicated totally and finally in the Province of Ontario or such other location as the Company prescribes. Unless the province in which you live requires the application of its laws and venue, this agreement is governed by the laws of the Province of Ontario, without regard to principles of conflicts of laws.

P

ARTIAL

V

ALIDITY

Should any portion of the Consultant Policies & Procedures, the Consultant Agreement or of any other instruments referred to herein or issued by Jamberry Canada be declared invalid by a court of

competent jurisdiction, the balance of such rules, applications or instruments shall remain in full force and effect.

L

IMITATION

O

F

D

AMAGES

To the extent permitted by law, Jamberry Canada and its affiliates, officers, directors, associates and other representatives shall not be liable for, and the Consultant hereby releases the foregoing from, and waives any claim of loss of profit, incidental special, consequential, or exemplary damages which may arise out of any claim whatsoever relating to the Company’s performance, non-performance, act, or omission with respect to the business relationship or other matters between the Consultant and the Company whether sounding in contract, tort or strict liability. Furthermore, it is agreed that any damage to the Consultant shall not exceed, and is hereby expressly limited to the amount of unsold Jamberry products and services owned or held by the Consultant and commissions, bonuses and overrides.

P

RIVACY

P

OLICY

&C

ONSENT

You understand and agree that certain personal information relating to you and your business will be collected, used and retained by the Company in accordance with the Company’s Privacy Policy, as amended from time to time and otherwise in accordance with state and Canadian federal and provincial privacy laws, and you hereby consent to same. The Company reserves the right to amend or revise the terms of its Privacy Policy without express notice to you, and you consent to any amendments

reasonably made. In operating your independent business, you also agree to adopt, implement and disseminate a privacy policy that complies with all state and Canadian federal and provincial privacy laws that your business may be subject to, for which you are solely responsible, and such compliance

shall be undertaken at your sole expense. You acknowledge that failure to comply with these terms may result in immediate termination of your Consultant Agreement. Without limiting your sole responsibility to comply with state and federal and provincial privacy laws affecting your business, the Company hereby grants you, at no additional charge, for the term of your Consultant Agreement, the right to copy and use in your business the Company Privacy Policy and related privacy policy consents.

E

NTIRE

A

GREEMENT

These Policies & Procedures and the Compensation Plan, as each may be amended from time to time, are incorporated into the Jamberry Consultant Agreement and constitute the entire Agreement of the parties regarding their business relationship.

In document El Tratado Internacional sobre Recursos Fitogenéticos para la Alimentación y la Agricultura (TIRFAA) en Guatemala (página 35-38)