Policies and Procedures - Ambit Energy

16policies and proceduresALL PERSONAL AND GROUP SALES VOLUMEINFORMATION IS PROVIDED “AS IS” WITHOUTWARRANTIES, EXPRESSED OR IMPLIED, ORREPRESENTATIONS OF ANY KIND WHATSOEVER. INPARTICULAR BUT WITHOUT LIMITATION THERE SHALLBE NO WARRANTIES OF MERCHANTABILITY, FITNESSFOR A PARTICULAR USE, OR NON- INFRINGEMENT.TO THE FULLEST EXTENT PERMISSIBLE UNDERAPPLICABLE LAW, AMBIT AND/OR OTHER PERSONSCREATING OR TRANSMITTING THE INFORMATIONWILL IN NO EVENT BE LIABLE TO ANY CONSULTANTOR ANYONE ELSE FOR ANY DIRECT, INDIRECT,CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVEDAMAGES THAT ARISE OUT OF THE USE OF ORACCESS TO PERSONAL AND GROUP SALES VOLUMEINFORMATION (INCLUDING BUT NOT LIMITED TOLOST PROFITS, BONUSES, OR COMMISSIONS, LOSS OFOPPORTUNITY, AND DAMAGES THAT MAY RESULT FROMINACCURACY, INCOMPLETENESS, INCONVENIENCE,DELAY, OR LOSS OF THE USE OF THE INFORMATION),EVEN IF AMBIT OR OTHER PERSONS CREATING ORTRANSMITTING THE INFORMATION SHALL HAVE BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TOTHE FULLEST EXTENT PERMITTED BY LAW, AMBIT OROTHER PERSONS CREATING OR TRANSMITTING THEINFORMATION SHALL HAVE NO RESPONSIBILITY ORLIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT,CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTSLIABILITY OR OTHER THEORY WITH RESPECT TO ANYSUBJECT MATTER OF THIS AGREEMENT OR TERMS ANDCONDITIONS RELATED THERETO.Access to and use of Ambit’s online reporting services andyour reliance upon such information is at your own risk.All such information is provided to you “as is.” If you aredissatisfied with the accuracy or quality of the information,your sole and exclusive remedy is to discontinue use ofand access to Ambit’s online and telephone reportingservices and your reliance upon the information. Section 8: Order Cancellation andSales Tool Inventory Re-Purchase8.1. Return of Inventory and Sales Aids byConsultants Upon CancellationUpon cancellation of a Consultant’s Agreement, theConsultant may return any products and sales aids heldin his or her inventory for a refund. Consultants may onlyreturn sales aids that he or she personally purchased fromAmbit (purchases from other Consultants or third partiesare not subject to refund) and which are in Resalablecondition. Upon receipt of a Resalable sales aid, theConsultant will be reimbursed 90% of the net cost of theoriginal purchase price(s). Shipping charges incurred bya Consultant when the sales aids were purchased will notbe refunded. If the purchases were made through a creditcard, the refund will be credited back to the same account.8.1.1. montana residents. A Montana resident maycancel his or her Consultant Agreement within 15 daysfrom the date of enrollment, and may return his or herstarter kit for a full refund within such time period. Section 9: Dispute Resolution andDisciplinary Proceedings9.1. Disciplinary SanctionsViolation of the Agreement, these Policies and Procedures,violation of any common law duty, including but notlimited to any applicable duty of loyalty, any illegal,fraudulent, deceptive or unethical business conduct,or any act or omission by a Consultant that, in the solediscretion of the Company may damage its reputationor goodwill (such damaging act or omission need not berelated to the Consultant’s Ambit business), may result,at Ambit’s discretion, in one or more of the followingcorrective measures:• Issuance of a written warning or admonition;• Requiring the Consultant to take immediate correctivemeasures;• Imposition of a fine, which may be withheld from bonusand commission checks;• Loss of rights to one or more bonus and commission checks;• Ambit may withhold from a Consultant all or part ofthe Consultant’s bonuses and commissions during theperiod that Ambit is investigating any conduct allegedlyin violation of the Agreement. If a Consultant’s business iscancelled for disciplinary reasons, the Consultant will notbe entitled to recover any commissions withheld duringthe investigation period;• Suspension of the individual’s Consultant Agreement forone or more pay periods;• Involuntary termination of the offender’s ConsultantAgreement;• Termination and/or suspension of the offending