Policies and Procedures - Ambit Energy

ambit energy, l.p. 13In addition to complying with the above provisions ofSection 4.27, to effect a testamentary transfer of an Ambitbusiness, the successor must provide the following toAmbit: (1) an original death certificate; (2) a notarizedcopy of the will or other instrument establishing thesuccessor’s right to the Ambit business; and (3) acompleted and executed Consultant Agreement.4.27.2. transfer upon incapacitation of aconsultant. In addition to complying with the aboveprovisions of Section 4.27, to effectuate a transfer of anAmbit business because of incapacity, the successor mustprovide the following to Ambit: (1) a notarized copy ofan appointment as trustee; (2) a notarized copy of thetrust document or other documentation establishing thetrustee’s right to administer the Ambit business; and (3) acompleted Consultant Agreement executed by the trustee.4.28. telemarketing techniques.The Federal Trade Commission and the FederalCommunications Commission each have laws that restricttelemarketing practices. Both federal agencies (as well as anumber of states) have “do not call” regulations as part oftheir telemarketing laws. Although Ambit does not considerConsultants to be “telemarketers” in the traditional senseof the word, these government regulations broadly definethe term “telemarketer” and “telemarketing” so that yourinadvertent action of calling someone whose telephonenumber is listed on the federal “do not call” registry couldcause you to violate the law. Moreover, these regulationsmust not be taken lightly, as they carry significantpenalties (up to $11,000 per violation).Therefore, Consultants must not engage in telemarketingin the operation of their Ambit businesses. The term“telemarketing” means the placing of one or moretelephone calls to an individual or entity to induce thepurchase of an Ambit product or service, or to recruitthem for the Ambit Opportunity. “Cold calls” made toprospective customers or Consultants that promote eitherAmbit’s products or services or the Ambit Opportunityconstitute telemarketing and are prohibited. However,a telephone call(s) placed to a prospective customeror Consultant (a “prospect”) is permissible under thefollowing situations:• If the Consultant has an established business relationshipwith the prospect. An “established business relationship”is a relationship between a Consultant and a prospectbased on the prospect’s purchase, rental or lease of goodsor services from the Consultant, or a financial transactionbetween the prospect and the Consultant, within the 18months immediately preceding the date of a telephone callto induce the prospect’s purchase of a product or service.• The prospect’s personal inquiry or application regarding aproduct or service offered by the Consultant, within the threemonths immediately preceding the date of such a call.• If the Consultant receives written and signed permissionfrom the prospect authorizing the Consultant to call.The authorization must specify the telephone number(s)that the Consultant is authorized to call.• You may call family members, personal friends, andacquaintances. An “acquaintance” is someone withwhom you have at least a recent first-hand relationshipwithin the preceding three months. Bear in mind,however, that if you make a habit of “card collecting”with everyone you meet and subsequently calling them,the FTC may consider this a form of telemarketing thatis not subject to this exemption. Thus, if you engage incalling “acquaintances,” you must make such calls on anoccasional basis only and not make this a routine practice.• In addition, Consultants shall not use automatic telephonedialing systems relative to the operation of their Ambitbusinesses. The term “automatic telephone dialing system”means equipment which has the capacity to: (a) store orproduce telephone numbers to be called, using a random orsequential number generator; and (b) to dial such numbers.4.29: door-to-door marketing. Consultants shallnot engage in door-to-door marketing in relation to theirAmbit Independent Consultant business.4.30: prospective consultant and customerinformation. Buying or selling or inducing others tobuy or sell customer or prospective customer informationis strictly prohibited at all times. Consultants shall notprovide any type of incentive for action(s) or proposedaction(s) to induce a Consultant or third party to sell anyinformation pertaining to an Ambit Energy customer orprospective customer. Section 5: Responsibilities ofConsultant5.1. Change of Address, Telephone,and E-Mail AddressesConsultants must report any change of address, emailaddress, or telephone number by calling ConsultantSupport or by sending written notice to Ambit at the