Policies and Procedures - Ambit Energy

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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
ambit energy, l.p.17Consultant’s Ambit Marketing website or website access.• Any other measure expressly allowed within any provisionof the Agreement or which Ambit deems practicable toimplement and appropriate to equitably resolve injuriescaused partially or exclusively by the Consultant’s policyviolation or contractual breach;• In situations deemed appropriate by Ambit, the Companymay institute legal proceedings for monetary and/orequitable relief.9.2. Dispute Resolution9.2.1. mediation. Prior to instituting an arbitration, theparties shall meet in good faith and attempt to resolve anydispute arising from or relating to the Agreement throughnon-binding mediation. One individual who is mutuallyacceptable to the parties shall be appointed as mediator.The mediator’s fees and costs, as well as the costs ofholding and conducting the mediation, shall be dividedequally between the parties. Each party shall pay itsportion of the anticipated shared fees and costs at least10 days in advance of the mediation. Each party shall payits own attorneys’ fees, costs, and individual expensesassociated with conducting and attending the mediation.Mediation shall be held in the City of Dallas, Texas, andshall last no more than two business days.9.2.2. arbitration. If mediation is unsuccessful,any controversy or claim arising out of or relating tothe Agreement, or the breach thereof, shall be settled byarbitration administered by the American ArbitrationAssociation under its Commercial Arbitration Rules, andjudgment on the award rendered by the arbitrator may beentered in any court having jurisdiction thereof. Consultantswaive all rights to trial by jury or to any court. Allarbitration proceedings shall be held in Dallas, Texas. Allparties shall be entitled to all discovery rights pursuant tothe Federal Rules of Civil Procedure. There shall be onearbitrator, an attorney at law, who shall have expertise inbusiness law transactions with a strong preference beingan attorney knowledgeable in the direct selling industry,selected from the panel which the American ArbitrationPanel provides. Each party to the arbitration shall beresponsible for its own costs and expenses of arbitration,including legal and filing fees. The decision of the arbitratorshall be final and binding on the parties and may, if necessary,be reduced to a judgment in any court of competentjurisdiction. This agreement to arbitration shall surviveany termination or expiration of the Agreement.Nothing in these Policies and Procedures shall preventAmbit from applying to and obtaining from any courthaving jurisdiction a writ of attachment, a temporaryinjunction, preliminary injunction, permanent injunctionor other equitable relief available to safeguard and protectAmbit’s trade secrets and other intellectual propertyinterests prior to, during or following the filing of anyarbitration or other proceeding or pending the renditionof a decision or award in connection with any arbitrationor other proceeding.9.3. Governing Law, Jurisdiction and VenueJurisdiction and venue of any matter not subject toarbitration shall reside exclusively in Dallas County,State of Texas. The Federal Arbitration Act shall governall matters relating to arbitration. The law of the State ofTexas shall govern all other matters relating to or arisingfrom the Agreement. Notwithstanding the foregoing, andthe dispute resolutions provisions in Section 9.2, residentsof the State of Louisiana shall be entitled to bring anaction against Ambit in their home forum and pursuantto Louisiana law. Section 10: Inactivity and Cancellation10.1. Effect of CancellationSo long as a Consultant remains active and complies withthe terms of the Consultant Agreement and these Policiesand Procedures, Ambit shall pay commissions to suchConsultant in accordance with the Compensation Plan. AConsultant’s bonuses and commissions constitute the entireconsideration for the Consultant’s efforts in generatingsales and all activities related to generating sales (includingbuilding a downline organization). Following a Consultant’svoluntary or involuntary cancellation of his or her ConsultantAgreement (all of these methods are collectively referredto as “cancellation”), the former Consultant shall have noright, title, claim or interest to the marketing organizationwhich he or she operated, or any commission or bonusfrom the sales generated by the organization. A Consultantwhose business is cancelled will lose all rights as aConsultant. This includes the right to sell Ambit productsand services and the right to receive future commissions,bonuses, or other income resulting from the sales andother activities of the Consultant’s former downline salesorganization. In the event of cancellation, Consultantsagree to waive all rights they may have, including butnot limited to property rights, to their former downlineorganization and to any bonuses, commissions or other
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Policies and Procedures - Ambit Energy

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