Policies and Procedures - Ambit Energy

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10policies and proceduresname identified on the Consultant Agreement. No othername may be used in conjunction with a Consultantbusiness. To alter the Consultant name (including theaddition or deletion of a spouse, a change in last name,creating a D.B.A. “Doing Business As,” or any other namechange) the Sale/Transfer Packet must be used. In thesecases, the $45 administrative fee will be waived. Using aname other than the one appearing on the Consultantaccount is strictly prohibited.4.17. Income TaxesEach Consultant is responsible for paying local, state, andfederal taxes on any income generated as an IndependentConsultant. If an Ambit business is tax exempt, the Federaltax identification number must be provided to Ambit.Every year, Ambit will provide an IRS Form 1099-misc(Non-employee Compensation) earnings statement toeach U.S. resident who: (1) Had earnings of over $600 inthe previous calendar year; or (2) Made purchases duringthe previous calendar year in excess of $5,000.4.18. Independent Contractor StatusConsultants are independent contractors, and are notpurchasers of a franchise or a business opportunity.The agreement between Ambit Energy, L.P., and itsConsultants does not create an employer/employeerelationship, agency, partnership, or joint venture betweenthe Company and the Consultant. A Consultant shallnot be treated as an employee for his or her services orfor Federal or State tax purposes. All Consultants areresponsible for paying local, state and federal taxes duefrom all compensation earned as a Consultant of theCompany. The Consultant has no authority (expressedor implied), to bind the Company to any obligation.Consultants shall not hold themselves out as an employeeor affiliate of Ambit Marketing, L.P., Ambit Energy, L.P.,or any subsidiaries or related Ambit Marketing or AmbitEnergy entities. Each Consultant shall establish his or herown goals, hours, and methods of sale, so long as he orshe complies with the terms of the Consultant Agreement,these Policies and Procedures, and applicable laws.The name of Ambit and other names as may be adoptedby Ambit are proprietary trade names, trademarks andservice marks of Ambit. As such, these marks are of greatvalue to Ambit and are supplied to Consultants for theiruse only in an expressly authorized manner. Use of theAmbit name on any item not produced by the Companyis prohibited except as follows:• Consultant’s Name• Independent Ambit Consultant• Ambit’s corporate address• Ambit’s corporate phone numberAll Consultants may list themselves as an “IndependentAmbit Consultant” in the white or yellow pages of thetelephone directory under their own name using onlyyour personal email address, personal website andpersonal contact information. Consultants are prohibitedfrom listing any and all Ambit Energy or Ambit Marketingcontact information in any directory. No Consultantmay place telephone directory display ads using Ambit’sname or logo. Consultants may not answer the telephoneby saying “Ambit”, “Ambit Incorporated”, or in any othermanner that would lead the caller to believe that he or shehas reached corporate offices of Ambit.4.19. InsuranceYou may wish to arrange insurance coverage for yourbusiness. Your homeowner’s insurance policy doesnot cover business-related injuries, or the theft of ordamage to inventory or business equipment. Contactyour insurance agent to make certain that your businessproperty is protected. This can often be accomplished witha simple “Business Pursuit” endorsement attached to yourpresent homeowner’s policy.4.20. Adherence to Laws and OrdinancesConsultants shall comply with all federal, state, and locallaws and regulations in the conduct of their businesses.Many cities and counties have laws regulating certainhome-based businesses. In most cases these ordinancesare not applicable to Consultants because of the natureof their business. However, Consultants must obey thoselaws that do apply to them. If a city or county officialtells a Consultant that an ordinance applies to him orher, the Consultant shall be polite and cooperative,and immediately send a copy of the ordinance to theCompliance Department of Ambit. In most cases thereare exceptions to the ordinance that may apply toAmbit Consultants.4.21. MinorsA person who is under the age of 18 may not be an AmbitConsultant. Consultants shall not enroll or recruit minorsinto the Ambit program.4.22. Family Businesses4.22.1. one ambit business per couple. Ambitpermits a husband and wife, regardless of where each
ambit energy, l.p. 11lives, to operate only one position in Ambit, unless eachindividual is sponsored by the same Consultant, or unlesseach individual had a separate Consultant position priorto marriage. A husband and wife, by operating as a singleConsultant, represent to Ambit that each of them (1) isbound by the terms of the Consultant Agreement andthese Policies and Procedures; (2) is responsible for anyand all conduct by his or her spouse even though only onespouse is designated as a Consultant; and (3) understandsthat if the spouse of any Consultant acts in a manner thatwould be a violation of the Consultant Agreement and/or these Policies and Procedures, such violation will beattributed to the Consultant position, and thus to both thehusband and wife.4.22.2 family members within the samehousehold. All Consultants and their children, siblings,parents and in-laws residing in the same household may,at the time one or more of them is being sponsored, havethe same sponsor or may have one Ambit business. By wayof example, a parent and adult child living in the samehome may operate one Consultant position or may signup under the same sponsor. Similarly, if spouses do notelect to operate as a single Consultant, each spouse mustsign up under the same sponsor.4.22.3. actions of household members oraffiliated individuals. If any member of aConsultant’s immediate household engages in any activitywhich, if performed by the Consultant, would violateany provision of the Agreement, such activity will bedeemed a violation by the Consultant and Ambit maytake disciplinary action pursuant to the Statement ofPolicies against the Consultant. Similarly, if any individualassociated in any way with a corporation, partnership,trust or other entity (collectively “affiliated individual”)violates the Agreement, such action(s) will be deemed aviolation by the entity, and Ambit may take disciplinaryaction against the entity.4.23. Customers Without aDesignated ConsultantA Consultant may claim a customer who lacks adesignated Consultant when all three of the followingcriteria are met: (i) the Consultant can provide the nameand Ambit account number of the customer; (ii) thecustomer’s enrollment date is no more than 30 days priorto the Consultant’s start date; and (iii) the customer is inPreverify, Pending or Active status. Only the sponsoringConsultant may claim an orphan customer. Customerssponsored by cancelled ICs are not considered orphansand will not be transferred to another Consultant. Underno circumstances will a customer in cancelled status betransferred to another Consultant.4.24. Sale, Transfer or Assignment ofAmbit BusinessSubject to Ambit’s prior review and approval, whichapproval Ambit may grant at its sole option anddiscretion, a Consultant may sell or transfer his/herConsultant position to an individual, partnership, trust orcorporation. A sale will be defined as a change in whichthe individual(s) selling the Consultant position no longermaintain(s) a financial interest in the Consultant positionupon completion of the sale. A transfer will be definedas a change in name and/or identification number inwhich the Consultant still retains any financial interestin the Consultant position upon completion of thetransfer. Some examples of transfers are: transfer from onespouse to the other spouse; transfer from an individualto a corporation; trust or partnership or vice versa, inwhich the transferor or any individuals having an interesttherein still retains a financial interest; transfer from socialsecurity number to FEIN or vice versa. In all cases, thetransferor retains a financial interest/ownership interestafter the transfer. The review and approval process will notbegin until Ambit has received all of the documentationrequired in accordance with the requirements set forthin the Position Sale/Transfer Packet, including a check ormoney order for the applicable processing fees from theConsultant who is selling or transferring the position.Processing fees are determined by the level of promotionthe Consultant position has achieved at the time of thesale/transfer and are to be paid by the seller or transferorto Ambit. There is a $45.00 processing fee that must bepaid by the transferor, and an additional $45.00 processingfee that must be paid by the transferee.Ambit reserves the right, at its sole option and discretion,to determine a sale versus a transfer. A Sale/Transfer Formcan be obtained online by downloading it from PowerZone. Ambit will not approve any sale or transfer of aConsultant position for which Ambit receives a Notice ofLevy from the Internal Revenue Service or a court-orderedgarnishment (e.g., child support) against the transferringposition. Ambit will also revoke any sale or transfer of a
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Policies and Procedures - Ambit Energy

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