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Policies and Procedures - Ambit Energy

Policies and Procedures - Ambit Energy

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8policies <strong>and</strong> procedures“network marketing”). However, during the term of thisAgreement, Consultants may not directly or indirectlyRecruit other <strong>Ambit</strong> Consultants or customers for anyother network marketing business.Following the cancellation of a Consultant’s IndependentConsultant Agreement, <strong>and</strong> for a period of one yearthereafter, with the exception of a Consultant who ispersonally sponsored by the former Consultant, a formerConsultant may not recruit any <strong>Ambit</strong> Consultant orCustomer for another network marketing business. “Recruit”means the actual or attempted sponsorship, solicitation,enrollment, encouragement, or effort to influence in anyother way, either directly, indirectly, or through a thirdparty, another <strong>Ambit</strong> Consultant or customer to enrollor participate in another multilevel marketing, networkmarketing or direct sales opportunity.Consultants <strong>and</strong> the Company recognize that becausenetwork marketing is conducted through networks ofindependent contractors broadly dispersed across the entireUnited States <strong>and</strong> internationally, <strong>and</strong> business is commonlyconducted via the Internet <strong>and</strong> telephone, an effort tonarrowly limit the geographic scope of this non-solicitationprovision would render it wholly ineffective. Therefore,Consultants <strong>and</strong> <strong>Ambit</strong> agree that this non-solicitationprovision shall apply throughout the United States.4.8.2. sale of competing energy services.Consultants must not sell, or attempt to sell, any non-<strong>Ambit</strong> energy related programs, products or services to<strong>Ambit</strong> customers or Consultants.4.8.3. consultant participation in other directselling programs. If a Consultant is engaged in othernon-<strong>Ambit</strong> direct selling programs, it is the responsibilityof the Consultant to ensure that his or her <strong>Ambit</strong> businessis operated entirely separate <strong>and</strong> apart from any otherprogram. To this end, the following must be adhered to:• Consultants shall not display <strong>Ambit</strong> promotional material,sales aids, products or services with or in the samelocation as any non-<strong>Ambit</strong> promotional material or salesaids, products or services.• Consultants shall not offer the <strong>Ambit</strong> opportunity,products or services to prospective or existing customersor Consultants in conjunction with any non-<strong>Ambit</strong>program, opportunity, product or service.• Consultants may not offer any non-<strong>Ambit</strong> opportunity,products, services or opportunity at any <strong>Ambit</strong>-relatedmeeting, seminar or convention, or within 2 hours <strong>and</strong> a5-mile radius of the <strong>Ambit</strong> event. If the <strong>Ambit</strong> meetingis held telephonically or on the Internet, any non-<strong>Ambit</strong>meeting must be at least two hours before or after the<strong>Ambit</strong> meeting, <strong>and</strong> on a different conference telephonenumber or Internet address from the <strong>Ambit</strong> meeting.4.8.4. downline activity (genealogy) reports.Consultant access to their Downline Activity Reports ispassword protected. All Downline Activity Reports <strong>and</strong>the information contained therein are confidential <strong>and</strong>constitute proprietary information <strong>and</strong> business tradesecrets belonging to <strong>Ambit</strong>. Downline Activity Reportsare provided to Consultants in strictest confidence<strong>and</strong> are made available to Consultants for the solepurpose of assisting Consultants in working with theirrespective Downline Organizations in the developmentof their <strong>Ambit</strong> business. Consultants should use theirDownline Activity Reports to assist, motivate, <strong>and</strong> traintheir downline Consultants. The Consultant <strong>and</strong> <strong>Ambit</strong>agree that, but for this agreement of confidentiality <strong>and</strong>nondisclosure, <strong>Ambit</strong> would not provide DownlineActivity Reports to the Consultant.A Consultant shall not, on his or her own behalf, or onbehalf of any other person, partnership, association,corporation or other entity:4.8.4.1. Directly or indirectly disclose any informationcontained in any Downline Activity Report to any third party;4.8.4.2. Directly or indirectly disclose the password orother access code to his or her Downline Activity Report;4.8.4.3. Use the information to compete with <strong>Ambit</strong> orfor any purpose other than promoting his or her <strong>Ambit</strong>business;4.8.4.4. Recruit or solicit any Consultant or Customer of<strong>Ambit</strong> listed on any report, or in any manner attempt toinfluence or induce any Consultant or preferred Customerof <strong>Ambit</strong>, to alter their business relationship with <strong>Ambit</strong>; or4.8.4.5. Use or disclose to any person, partnership,association, corporation, or other entity any informationcontained in any Downline Activity Report.Upon dem<strong>and</strong> by the Company, any current or formerConsultant will return the original <strong>and</strong> all copies ofDownline Activity Reports to the Company.4.9: Targeting Other Direct Sellers<strong>Ambit</strong> does not condone Consultants specifically orconsciously targeting the sales force of another direct sales

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