Policies and Procedures - Ambit Energy

ambit energy, l.p. 54.2.10. unsolicited email. Ambit does not permitConsultants to send unsolicited commercial emails unlesssuch emails strictly comply with applicable laws andregulations including, without limitation, the federal CANSPAM Act. Any email sent by a Consultant that promotesAmbit, the Ambit opportunity, or Ambit products andservices must comply with the following:• There must be a functioning return email address tothe sender.• There must be a notice in the email that advises therecipient that he or she may reply to the email, via thefunctioning return email address, to request that futureemail solicitations or correspondence not be sent to himor her (a functioning “opt-out” notice).• The email must include the Consultant’s physicalmailing address.• The email must clearly and conspicuously disclose that themessage is an advertisement or solicitation.• The use of deceptive subject lines and/or false headerinformation is prohibited.• All opt-out requests, whether received by email or regularmail, must be honored. If a Consultant receives an opt-outrequest from a recipient of an email, the Consultant mustforward the opt-out request to the Company.Ambit may periodically send commercial emails onbehalf of Consultants. By entering into the ConsultantAgreement, Consultant agrees that the Company maysend such e-mails and that the Consultant’s physical andemail addresses will be included in such emails as outlinedabove. Consultants shall honor opt-out requests generatedas a result of such emails sent by the Company.4.2.11. unsolicited faxes. Except as provided in thissection, Consultants may not use or transmit unsolicitedfaxes or use an automatic telephone dialing system relativeto the operation of their Ambit businesses. The term“automatic telephone dialing system” means equipmentwhich has the capacity to: (a) store or produce telephonenumbers to be called, using a random or sequentialnumber generator; and (b) to dial such numbers. Theterms “unsolicited faxes” means the transmission viatelephone facsimile of any material or informationadvertising or promoting Ambit, its products, itscompensation plan or any other aspect of the companywhich is transmitted to any person, except that theseterms do not include a fax or e-mail: (a) to any personwith that person’s prior express invitation or permission;or (b) to any person with whom the Consultant has anestablished business or personal relationship. The term“established business or personal relationship” means aprior or existing relationship formed by a voluntary twowaycommunication between a Consultant and a person,on the basis of: (a) an inquiry, application, purchase ortransaction by the person regarding products offered bysuch Consultant; or (b) a personal or familial relationship,which relationship has not been previously terminatedby either party.4.3: Bonus Buying ProhibitedBonus buying is strictly and absolutely prohibited. “Bonusbuying” includes: (a) the enrollment of individuals orentities without the knowledge of and/or execution of anIndependent Consultant Application and Agreement bysuch individuals or entities; (b) the fraudulent enrollmentof an individual or entity as a Consultant or customer;(c) the enrollment or attempted enrollment of nonexistentindividuals or entities as Consultants orcustomers (“phantoms”); (d) Purchasing Ambit productsor services on behalf of another Consultant or customer,or under another Consultant’s or customer’s I.D.number, to qualify for commissions or bonuses; and/or (e) any other mechanism or artifice to qualify forrank advancement, incentives, prizes, commissions orbonuses that is not driven by bona fide product or servicepurchases by end user consumers.4.4: Business Entities4.4.1. corporations. To become a new Consultant asa corporation or to change the status of the corporation,you must provide Ambit with the following:• Completed Consultant Agreement completed by anauthorized officer of the corporation.• A copy of the corporate Articles of Incorporation whichhas been file-stamped by the Secretary of State in the stateof incorporation.• Full name, address and Social Security Number of (1)each shareholder of the corporation who owns more than5% of the outstanding stock of the corporation; (2) eachofficer of the corporation; and (3) each director of thecorporation. A copy of the official notification from theInternal Revenue Service issuing the Federal EmployerIdentification Number (FEIN) for the corporation.• A copy of the corporate resolution authorizing thecorporation to enter into the Consultant Agreement.• Letter of designation from the corporation designatingone individual, who must be at least 18 years of age, as theresponsible party for the corporation’s operations and sales.