CannaSense Total Wellness Guidelines and Standards
A | INTRODUCTION
CannaSense Total Wellness is a Nonprofit Mutual Benefit Corporation as defined under Title 1 of the California Code. CannaSense operates under this code, other US Code and in strict compliance with the Compassionate Care Act of 1996, Prop. 215. Under the Act, a person who is authorized to help new members join a collective (a Caregiver) may be compensated for that effort. All persons that are accepted as members in the CannaSense Total Wellness Collective who are trained and authorized to act as Caregivers may participate in the Caregiver Compensation Plan. As prerequisites for authorization to be a Caregiver, must enter into the Member Agreement and abide by the Terms and Conditions of Membership and to the CannaSense Total Wellness Guidelines and Standards.
The success of CannaSense Total Wellness and your independent network marketing efforts are directly related to the quality of your relationships with all parties that constitute the Collective. History has proven that a clear set of guidelines coupled with measureable standards (a.k.a. guidelines and standards) promotes harmony in these vital relationships. In addition, establishing proper guidelines and standards ensures that fairness and equality of opportunity is afforded to all Caregivers in our Collective. As you come to understand theses guidelines and standards, you will want to follow “the spirit, as well as the letter” of these guidelines and standards. Your success is directly related to the level of service that you provide to others. Tied closely to your success is the method by which the Collective will compensate you for your participation in the Collective’s business model as you develop your network. By understanding the well-defined Caregiver Referral Program, you can plan your efforts to maximize your compensation for sponsoring new members into the Collective. You will find that following the guidelines and standards will lead to greater success and rewards. It is with great anticipation of your success that we present to you these guidelines and standards for the Collective and urge you to follow them closely and completely because they are an integral part of the agreement (contract) that you are accepting voluntarily in order to be a member in good standing of the CannaSense Total Wellness Collective.
The CannaSense Founders and the Board of Directors
B | CAREGIVER COMPENSATION AND DEFINITIONS
All Caregivers will better understand the guidelines and standards of the Collective by understanding the Caregiver Compensation Program and the definitions of a number of basic terms used by the Collective to describe functions and processes. These terms are commonly used to explain policies and programs in Collective literature and in discussions between Caregivers.
B 1 Collective: The term “Collective” as it is used throughout these guidelines and standards, along with other literature, is to be considered synonymous, and can be used interchangeably with, CannaSense Total Wellness, CannaSense, or any of its subordinate and or contemporaneous companies or product lines; These companies and product lines include, but are not limited to any and all products, product brands, divisions, and or strategic alliances affiliated with or a part of CannaSense Total Wellness and or its parent Collective, CannaSense Holdings, Inc.. This list is dynamic and will change from time to time. The current and complete list is held at the administrative offices.
B 2 Product: Any commissionable item, promotion, or service that the Collective makes available for the Caregivers to market to consumers or qualified patients.
B 3 Caregiver: A person or legal entity currently trained and authorized to assist new persons to join the Collective and to participate in the Caregiver Compensation Plan. Caregiver is a general term referring to all authorized Caregivers as individuals and as a group regardless of the level or position attained, including, but not limited to analogous terms such as associates, representatives, consultants, marketing directors, and entrepreneurs, among others.
B 4 Affiliate: An Affiliate is a Caregiver who assists a new person join the CannaSense Total Wellness Collective. Each Caregiver is issued an Affiliate Number and Affiliate ID for identification in the computer program that keeps track of the Caregiver’s network of Caregivers, Patients and Members that they have assisted to join the Collective.
B 5 Enrollment: Enrollment occurs when a new person submits a Sponsorship Form (the link to which is sent when it is their turn on the Waiting List ), the person matching the Affiliate Number entered into the Sponsorship Form automatically is designated as the Parent Affiliate which is interchangeable with the term Sponsor. Whether or not this Affiliate is actively engaged in building an independent network marketing organization, he/she has the option to place the new member into a position within his/her downline network, or to retain the new Caregiver on his/her front line and maintain the role of Direct Affiliate and Parent Affiliate. The Parent Affiliate retains a vested interest in Caregiver Fees and Bonus payouts as they primarily follow the lines of enrollment, irrespective of placement within a given organization.
B 6 Parent Affiliate: A Caregiver under which a new Caregiver is placed, either by enrollment or by another Caregiver in the direct upline organization (this function is known as Placement). The Parent Affiliate is generally responsible for supervision and training of the new Caregiver placed under them. The Parent Affiliate retains a vested interest in residual commissions, GBV, and GQV, as these compensation components primarily follow the lines of placement, irrespective of enrollment within a given downline organization. The Parent Affiliate may be compensated with Upfront Money Caregiver Fees and Coding Bonuses based on authorization and Rank.
B 7 Direct Affiliate: The Caregiver under which a new enrollment is placed within that Caregiver’s downline network for which they may be eligible for the Bonus Income based on contributions to the collective made by members in their direct downline network. Because a new member may be placed by an upline Caregiver, neither the Direct Affiliate or Parent Affiliate has to have been linked by Affiliate Number at the time of Enrollment – which is when a new person submits a Sponsor Form to apply for membership in the Collective. The Affiliate linked on the Sponsor Form has the discretion to place new enrollments within their downlines.
B 8 Upline: All Caregiver’s directly in line above a particular Caregiver in lines of hierarchy back to the first founding member of the Collective. The entire Upline consists of all Caregiver’s that link or are between any particular Caregiver and the Collective.
B 9 Downline: All Caregivers via lines of enrollment or placement by any other Caregivers directly below or emanating by placement from any particular Caregiver.
B 10 Listed Patient Price (RPP): The Collective’s published price for providing a particular product to patients. It is the intent that the Listed Patient Price is the price that is charged for any and all product(s) that are sold to anyone that is not an active Member of the Collective. Prices are subject to change without notice. Please see current Listed Patient Prices published in the Apothecary.
B 11 Member Price (M/S): The maximum discounted price paid to the Collective by Members for product. Also, the minimum price to be charged for providing product(s) to anyone that is not either an active Member of the Collective. Prices are subject to change without notice. Please see current Price List for details.
B 12 Bonus Volume (BV): A value amount assigned to individual products. This is the amount, singly and cumulatively, from which a Caregiver’s Bonus and Residual Commissions are calculated. Please see the CannaSense Total Wellness Caregiver Training Manual and the CannaSense Total Wellness Compensation Plan Guide for details on the CannaSense Total Wellness Compensation Plan.
B 13 Personal Bonus Volume (PBV): Is the BV value of a Caregiver’s personal volume (all sales running through the Caregivers personal I.D. Number) during a calendar month. Please see the CannaSense Total Wellness Caregiver Training Manual and the CannaSense Total Wellness Compensation Plan Guide for details on the CannaSense Total Wellness Compensation Plan.
B 14 Group Bonus Volume (GBV): The Bonus Volume (BV) is the total amount of contributions that have occurred in a Caregiver’s downline organization. The number of levels that are added cumulatively are dependent upon the specific parameters of the bonus in question. Please see the CannaSense Total Wellness Caregiver Training Manual and the CannaSense Total Wellness Compensation Plan Guide for details on the CannaSense Total Wellness Compensation Plan.
B 15 Qualifying Volume (QV): A value amount assigned to individual products. This is the amount, singly and or cumulatively, from which rank qualifications are calculated. Please see the CannaSense Total Wellness Caregiver Training Manual and the CannaSense Total Wellness Compensation Plan Guide for details on the CannaSense Total Wellness Compensation Plan.
B 16 Personal Qualifying Volume (PQV): The QV value of a Caregiver’s personal contributions towards products and services (all revenue running through the Caregivers personal I.D. Number) during a calendar month. Please see the CannaSense Total Wellness Compensation Plan for details.
B 17 Group Qualifying Volume (GQV): The amount of contributions made by a Caregiver’s downline organization. Different qualifying criteria may recognize different calculations – such as a certain number of downline levels, or cut-offs or percentages based upon downline rank complexion. Please see the CannaSense Total Wellness Caregiver Compensation Plan for details.
B 18 Consumer: Any person who makes a contribution to the Collective in order to receive the use of Products or Services that are offered to market by Collective, who in turn, consumes or utilizes said products or services. Consumers may be Caregivers, qualified Patients or completely unaffiliated with the Collective in any way as long as a verified CA Medical Cannabis Recommendation is submitted to Collective.
B 19 Caregiver: A Caregiver is a trained and authorized person or entity that voluntarily enters into agreement with the Collective to assist other persons complete and submit enrollment applications in order to join the Collective. Any person who has not submitted a valid CA Medical Cannabis Recommendation to the Collective can be a Caregiver and receive the $100 Caregiver Fee, however they may not contribute towards any item or product containing THC. All Caregivers pledge to act in accordance with the CannaSense Total Wellness Terms and Conditions, all applicable law, and the CannaSense Total Wellness Guidelines and Standards. A Caregiver is not required to contribute towards anything whatsoever as a condition of being authorized to sponsor new persons.
B 20 Patient: A Patient is a Caregiver, and all of the above, that has submitted a valid CA Medical Cannabis Recommendation but has not made a donation for a Welcome Kit for full participation in the Collective, including revenue sharing. Patients who are trained and authorized to assist new enrollments are eligible for the $100 Caregiver fee for each enrollment for which they are the Parent Affiliate. Patients are not eligible for the Bonus payouts until and unless they donate for a Welcome Kit. A Patient may donate towards items or products that contain THC from the Apothecary at the Listed Patient Prices published on the CannaSense.com website
B 21 Member: A Member is a Caregiver and all of the above that contributes $420 towards a Welcome Kit. A Patient or Caregiver may upgrade at any time to activate their Member Status qualifying them for up to 30% off Listed Patient Price through their Affiliate ID and enabling them to qualify at that time to begin receiving compensation from the Bonus payouts on the downline network under them, subject to training and authorization requirements.
B 22 Non-Patient Member: A Non-Patient Member is a Caregiver that advocates for, but does not consume Medical Cannabis and all of the above. A Caregiver may upgrade to Non-Patient Member at any time with a $300 donation towards a Non-Patient Member Welcome Kit. A Non-Patient Member may also become a Member at any time by submitting a valid CA Medical Cannabis Recommendation to activate their access to items or products containing THC.
B 23 Ranked Caregiver: A Ranked Caregiver is a person actively engaged in promoting the Collective to all those that would benefit from establishing a relationship to further carry out the mission and vision of CannaSense Total Wellness. It is the wish and the hope of the Collective to train and develop compassionate people willing to learn business practices and leadership skills to attract, train and motivate future Caregivers, Patients, and Members to build an organization and achieve the Rank of Sr. Vice Chairman. Ranked Caregivers may be called upon from time to time to assist new persons with their enrollment for anyone tied to their Affiliate Number in their downline network and they will have incentives to complete additional training and continuing education, but at no time be required to contribute for item(s) or product(s) as part of being a Ranked Caregiver. The Collective understands that even though an individuals’ passion and motivation for being involved in CannaSense may vary, it is utmost to remember that the Collective’s primary mission to help patients obtain their medicine.
B 24 Patient Sale: A patient sale is a sale to an ultimate consumer of a product or service offered by the Collective to the market. Included are:
a. Sales to Retail customers by the Caregiver.
b. Procurement by a Caregiver’s contribution who is purchasing for personal use in reasonable quantities and is not purchasing for the mere purpose of qualifying for bonuses, overrides, or advancement in the marketing program.
B 25 Retail Profit: The amount a Member makes (gross) when a contribution towards an item occurs in their downline network. It is the difference between the wholesale price and retail price for item contributions directly through the Caregiver’s downline network. Retail sales for items passing directly through the Caregiver’s downline network are subject to a surcharge of 5% of the retail profit amount, for the Collective’s operating expenses, which is automatically levied in the net retail commission.
B 26 Compensation: Compensation refers to Caregiver Fees and Bonus payouts (Coding Bonus, Bonus Income, Awards) paid to Caregivers for product sales to patients, consumers and Caregivers. See the CannaSense Total Wellness Caregiver Compensation Plan for details and definitions.
B 27 Titles or Ranks: Titles and Ranks represent certain milestones of growth and production for a Caregiver and his/her downline network. Details of ranks, titles, and qualifications are explained in the Caregiver Compensation Plan. Ranks and the corresponding titles are shown two ways: Lifetime Rank, which is the highest rank achieved within the Caregiver Compensation Program, and Paid as Rank, which represents the current qualification within a given calendar month.
B 28 Bonus Income: Bonus Income is a percentage of the Bonus Volume of the product movement provided from the Collective through Caregiver’s downline network. Bonus Income on downline network activity is calculated and paid on both monthly cycles. Please see the CannaSense Caregiver Compensation Plan for more details.
C | CAREGIVER AUTHORIZATION
The following are rules related to initiating and maintaining Caregiver authorization in the Collective’s program. In addition to the warehouse policies, all aspects of these Guidelines and standards apply to CannaSense Total Wellness warehouses.
C 1 A person 18 years or older may enroll as a Caregiver by submitting an on-line enrollment application at the Collective website along with Government issued identification containing a photograph of the enrollee, such as a drivers license, US Passport, etc.. Each Caregiver enrollment application must acknowledge acceptance and understanding of the CannaSense Total Wellness Terms and Conditions in addition to pledging to abide by the CannaSense Total Wellness Guidelines and Standards, which, upon acceptance by the Collective, is part of the contract between the Caregiver and the Collective. The Collective reserves the right to reject, at its sole discretion, any enrollment application deemed unacceptable. No contribution towards Collective products or services is required to become a Caregiver.
C 2 Caregiver enrollment applications may be submitted by persons other than an individual or a husband and wife using an enrollment application form available upon request from the Collective at firstname.lastname@example.org. Such enrollment application form must be signed by one or more legal representatives who have the power to bind the applying entity. A list of all principals, directors, officers, shareholders, or others with any beneficial interest must be submitted to the Collective, complete with current names, addresses, phone numbers, and a detailed accounting of percentages and conditions of interest. While partnerships, corporations, and trusts may be accepted as Caregivers by the Collective, an individual within the entity may not have a beneficial interest or be tied by affiliate number to more than one downline network without the prior written authorization of the Collective. If the Caregiver established by the entity includes more than one person, the Social Security Number of the first applicant on the Caregiver enrollment application becomes the official Federal Tax ID Number. Any bonus check paid to such a Caregiver entity will be issued in the name of the first two applicants listed on the Caregiver enrollment application, if applicable.
C 3 Caregiver enrollees shall not submit any inaccurate or false information on a Caregiver enrollment application. Furthermore, a Caregiver is responsible for informing the Collective of any changes affecting the accuracy of the Caregiver enrollment application. The Collective reserves the right to immediately terminate a Caregiver if the Collective determines that false or inaccurate information has been provided. All proposed changes for a Caregiver must be submitted to the Collective in writing, along with a new Caregiver enrollment application form with the word “Amendment” written across the top, or electronically with proper login and password by editing information through the Caregiver’s affiliate area in the back office of CannaSense Total Wellness website.
C 4 Authorization as a Caregiver includes the right to refer and assist a person submit an enrollment application (Sponsorship Form) with the Collective in order to enable the Collective to provide items, products and services, including items and products that may contain THC to them upon membership activation with a valid Doctor Recommendation. Authorization requires successful completion of CannaSense 101 training. Authorized Caregivers are enabled to participate in the CannaSense Total Wellness Caregiver Compensation Plan. No geographic territory in which the Collective is operational shall be exclusive to any one or group of Caregivers.
C 5 Prospective Caregivers must be of the age of majority in the state or province in which they reside at the time they submit their enrollment application.
C 6 Upon the death of the Caregiver, his/her rights to bonuses and marketing position, together with Caregiver responsibilities, shall pass to his/her successors in interest upon written application and approval by the Collective. Written application must be received by the Collective within ninety (90) days of the date of death. If the Collective does not receive appropriate instruction within ninety (90) days of the death of a Caregiver, the Caregiver Affiliate Number will be terminated or reassigned. The successor Caregiver must fulfill all responsibilities of the Caregiver.
C 7 When a decision is made to terminate a Caregiver, the Collective will inform the Caregiver in writing. The termination notice will be sent by certified mail, or other verifiable means requiring a recipient signature, to the Caregiver’s address on file with the Collective. If deemed necessary by the Collective, Caregivers may be terminated by the Collective for cause. The Collective has the right to take quick and decisive action in limiting or terminating a Caregiver who is found in violation of these Guidelines and Standards, the Caregiver Agreement, rules governing the Caregiver Compensation Plan, or any state, provincial, or federal laws, statutes, and/or regulations deemed as pertinent by and at the sole discretion of the Collective. Such disciplinary action may include oral and written warnings, suspension, forfeiture of bonus checks, or termination. In extreme cases of violations by a Caregiver, the Collective also reserves the right to pursue reasonable legal recourse, as well as reimbursement by a Caregiver for any expenses, including attorney’s fees and legal fees, generated from a violation. The issuance of bad checks, attempts to persuade Caregivers to change Placement Caregivers, cross recruiting, fraudulent misrepresentation of the Collective, and the commission of illegal or deceptive acts all constitute reasonable cause for termination, together with any other material breach or violation as noted above.
C 8 An individual may terminate their Caregiver authorization at any time by providing written notice to the Collective. Notice must be sent via certified mail, or other verifiable means, which may include FedEx, UPS, and or Electronic Mail with return receipt and delivery verification.
C 9 Whether a Caregiver is terminated through voluntary resignation or through termination by the Collective, that Caregiver is no longer entitled to sponsor or enroll new Caregivers. In addition, said Caregiver shall lose all rights to their existing downline network and shall no longer be entitled to receive Caregiver Fees, Coding Bonus, Bonus Income, awards, or any compensation whatsoever from the Collective, nor shall they be entitled to any rights to their former downline network genealogies or Caregiver lists.
D | CAREGIVER PRACTICES
D 1 Caregivers voluntarily accept the CannaSense Total Wellness Terms and Conditions and Guidelines and Standards and therefore are independent contractors. Caregivers are not: franchisees, partners, joint venturers, employees or agents of the Collective or their Direct Affiliate or Parent Affiliate. Caregivers must not imply or represent employment or agency relationships or capacities in any manner, including oral representations, printed material, or deceptive actions.
D 2 Caregivers are responsible for all taxes on income received from the Collective on sales made by them, and for all and any other taxes, licenses, and fees, unless the Collective has established specific written procedures which specify otherwise. The Collective will collect and remit sales taxes when applicable on products at the federal, state, and local level. Caregivers are responsible for any other taxes at any lower jurisdictional levels. The Collective is not responsible for any expenses relating to a Caregiver’s independent business efforts.
D 3 Because Caregivers are independent contractors, the Collective does not dictate nor mandate business hours, location, attire, methods of recruitment and marketing or effort levels, other than those required in Caregiver/Collective interactions and except as stated herein. Caregivers must at all times adhere to CannaSense Total Wellness compliance guidelines and acceptable marketing and business practices as may be revised form time to time contained in the CannaSense Total Wellness Guidelines and Standards Manual.
D 4 There is no requirement or obligation for a Caregiver to contribute towards items, products, services or marketing material to enroll as a Caregiver or to remain authorized to refer and Sponsor new persons to become Caregivers with the Collective.
D 5 No Caregiver will be compensated solely or merely for enrolling Caregivers or Patients. For Caregivers that are not Members, participation in the Caregiver Compensation Plan only occurs when a new Caregiver enrollment applicant is accepted as a Verified Patient and only after they contribute $420 towards a Welcome Kit. See the CannaSense Total Wellness Caregiver Compensation Plan for further details. Ultimately, all compensation is based upon the patient getting products provided to them by Collective, which is the core of the Collective’s business. This fact must be emphasized in all recruiting presentations.
D 6 Warehouse personnel shall take great care to produce and retain an accurate, written sales receipt, which shall include information regarding the specific products sold and the exact price each, to be copied and shipped with each sale.
D 7 Compensation paid to Caregivers on an item, items, a product or products for which the Collective has issued a refund, may, at the Collective’s option, be charged back to those Caregivers. The amount refunded for returned items or products is the same as the Listed Patient Price that was contributed for the item or product. Please be aware that the refund amount will be deducted from the corresponding volume measurements necessary for qualify for any of the Bonus payouts, contests or awards, and therefore adversely affect your compensation.
D 8 In the conduct of his/her business, the Caregiver shall safeguard and promote the reputation of the Collective and its products. The Caregiver shall hold harmless, defend and indemnify the Collective, its shareholders, officers, directors, employees, attorneys, accountants, agents, assigns, and successors in interest against any and all claims, lawsuits (civil or otherwise), losses and expenses of any kind, arising out of or relating to any claims or alleged connections with that Caregiver’s activities of any kind that violate any local, state, provincial, or federal laws or regulations.
D 9 All CannaSense Total Wellness Caregiver Enrollment Applications and or any other official forms submitted to CannaSense Total Wellness must be endorsed by the party named on the respective form. Paper forms must contain an original signature and be mailed directly to CannaSense Total Wellness, and electronic forms must be viewed by, agreed to, and electronically endorsed by the appropriate party as stated within the particular form online. In the case of business entity, the endorser must be that of the legal registrant of the business name. At no time is a Caregiver allowed to submit a CannaSense Total Wellness Caregiver Enrollment Application or any other documentation that does not contain the endorsement of the named party in the manner stated above. At no time is a CannaSense Total Wellness Caregiver allowed to submit a CannaSense Total Wellness Caregiver Enrollment Application or any other documentation on which he/she has entered a signature of the named party regardless of permissions implied or received, as CannaSense Total Wellness does not and will not accept a “Power of Attorney” signature on any of its forms, de facto or willfully fraudulent.
D 10 From time to time, at Collective events or other functions or occurrences, solely for the purposes of promoting the Products, the Collective, or combination thereof, the Collective may take photos, record audio and or video of events, testimonials, sessions, or interviews and the like. Said photos, video, and or audio may include the image, likeness, and or voice of any and or all attendees of the event, function, or occurrence. Attendees may include, but are not limited to Caregivers, Patients, and or prospective Caregivers or Patients and or Guests of same (Hereinafter for the purposes of this section, will be inclusively referred to as “Subject”). Caregiver agrees and understands that it is his/her responsibility to disclose this policy to any guest that he/she invites to any Collective event, function, or other occurrence. Any such photography, videography, and or voice recording will be obvious and or clearly disclosed to the Subject. Collective will use its best and reasonable efforts to ensure that no photos, videos, and or audio recordings will be gathered against the expressed wishes of the Subject. However, continued attendance by Subject at any event, function, or occurrence where photos, video, and or audio is being captured will, in all cases, be construed as agreement and acceptance of the following: Subject grants permission to the rights of his/her image, likeness and sound of his/her voice as recorded on audio or video without payment or any other consideration. Subject understands that his/her image may be edited, copied, exhibited, published or distributed and summarily waives the right to inspect or approve the finished product wherein his/her likeness appears. Additionally, Subject waives any right to royalties or other compensation arising from or related to the use of his/her image or recording. Subject also understands that these images and or recordings may be used in diverse educational, commercial or promotional settings within an unrestricted geographic area. As well, there is no time limit on the validity of this understanding and subsequent release, nor is there any geographic limitation on where these materials may be distributed.
E | PROHIBITED PRACTICES
E 1 Caregivers shall not produce, promote, or use any copyrighted or otherwise proprietary materials containing the Collective’s names, programs, products, or logos, except those that are pre-approved and obtained directly from the Collective. Any materials used that are not provided by Collective, must be approved in advance by submitting said material in concert with the CannaSense Total Wellness Advertising Approval Application. Details of who may submit, and what can and cannot, and what will and will not be approved is detailed in the application, which can be obtained by contacting customer service.
E 2 Caregivers shall not misrepresent product attributes and qualities to customers. Unauthorized, unwarranted, and unjustified product claims shall not be made.
E 3 Caregivers shall not repackage or re-label any Collective item or product. Nor shall the product be removed from its original packaging and resold in any way.
E 4 No Caregiver shall sell or re-sell, trade, gift or share any item or product that may contain THC with any person regardless of that person’s valid possession of a Medical Cannabis Recommendation.
E 5 Caregivers shall not misrepresent the Collective’s Compensation Plan for Caregivers. No misleading or deceptive statements about the Plan shall be made. No opportunity or income exaggerations are to be given. If actual income examples, extrapolations, or geometric progressions are used, actual typical incomes of Collective’s Caregivers at all levels must also be disclosed. Examples used to illustrate how the Plan works are allowed if they are specified as “examples only” and any relevance to anticipated success is disclaimed.
E 6 There are no franchises or exclusive territories as a part of the Collective’s Caregiver Compensation Plan. No Caregiver may represent that any such territory or franchise exists or can be sold as part of the Caregiver program.
E 7 All Caregivers are Independent Contractors; the Collective imposes no restrictions on any Caregiver’s participation or sales activities in other businesses or programs other than CannaSense Total Wellness except as said activities or programs would cause or create a violation of any provision of Caregiver’s agreement with the Collective or any of these guidelines and standards. See also Section B 9 and C 1.
E 8 Caregiver lists, including downline network sales organization information, is proprietary and confidential to the Collective, with the exception of first level, personally enrolled Caregivers. The Collective may forward genealogical information at a nominal cost to Caregivers, in strict and complete confidence, to help them manage their downline network sales organization and for no other purpose. Every Caregiver who is provided with such information shall treat it as confidential and take care to maintain its secrecy as well as refrain from making any use thereof for any purpose other than the management of his/her downline network sales organization. Without limiting the generality of the foregoing, no such information may be used in cross-recruiting or with the intent to entice Collective Caregivers into other network marketing organizations. Any violation of this policy by a Caregiver will result in the immediate suspension and/or termination of the offending Caregiver. Furthermore, the offending Caregiver could be subject to legal action for injunctive relief and/or damages.
E 9 Caregivers shall not cause any Collective product or name to be sold or displayed in any retail establishment of any kind, including, but not limited to, civilian, military, internet based or otherwise, except those establishments and or virtual locations specifically authorized and licensed in writing by the Collective. As a general rule, the Collective discourages Caregivers from using any website for promotion other than those websites provided by the Collective to its Caregivers. Caregivers using weblogs (‘blogs’), online forums, video-streaming websites, chat rooms, social networking sites or systems, auction sites, or any other internet based systems are subject to the guidelines of the Collective Guidelines and Standards. Any violation of the terms of service of any of the aforementioned systems may subsequently be considered a violation of CannaSense Total Wellness Guidelines and Standards. The Collective reserves the right to investigate reported infractions and to enforce its Guidelines and Standards.
E 10 Caregivers shall not engage in any unlawful or immoral practices. CannaSense Total Wellness believes that we are only as strong as our weakest link and that the public perception of our mission and vision is judged on appearance and behavior of our Caregivers. Unlawful behaviors include, but are not limited to, murder, terrorism, bank robbery, fraud. Immoral behaviors include deceit, deception, depravity and much more. An example of immoral behavior that the Collective will not tolerate, is a Caregiver that places or persuades a new person into their downline network when the new person was introduced and/or recruited by another Caregiver without the other Caregiver’s express permission and knowledge. The Collective reserves the right to terminate Caregivers whose actions and behaviors could be determined to have or have had a detrimental effect on the reputation of the Collective or the relationships with Caregivers.
E 11 All contributions towards CannaSense Total Wellness items, products, literature, and promotional material must be fulfilled by CannaSense Total Wellness in accordance with the stated Policies & Procedures. CannaSense Total Wellness Caregivers and/or Preferred Customers are not allowed to purchase CannaSense Total Wellness products, literature, and promotional material from a CannaSense Total Wellness supplier. At the request of the CannaSense Total Wellness suppliers, CannaSense Total Wellness Caregivers and Preferred Customers are not allowed to contact any CannaSense Total Wellness suppliers for any reason. Contact is described as, but not limited to, telephone calls, recorded voice messages (voicemail), facsimile transmission (fax), written communication, or electronic correspondence (e-mail). Any violation of this policy can, depending on severity, result in the termination of Caregivers or Preferred Patient status.
E 12 Caregivers, whether active or otherwise, shall not re-sell any item(s) or product(s) in any form or combination with any other item(s) or product(s) unless it is complete, factory sealed, and in its original packaging with all required labels intact. Pricing for said product(s) is strongly recommended to be equal to the Listed Patient Price, but under no circumstances shall be less than the current wholesale price for same item as published by the Collective. Caregivers are prohibited from using any advertisement or commercial enticement that is not provided directly by the Collective. Prohibited enticements include, but are not limited to, less than “wholesale plus sales tax” pricing, free shipping, quantity discounts, or any and all other perks and or incentives offered in conjunction with the any contribution towards any Collective product or service. Caregivers shall not sell, re-sell, gift, trade or share item(s) or product(s) that may contain THC.
E 13 Caregivers are strictly forbidden from Cross-Recruiting, and shall not sell, recruit, propose, or in any other way induce or attempt to induce any other Caregiver to purchase any product or service, or to participate in any other income opportunity, investment, venture, or commit any other activity deemed, at the full discretion of the Collective, as cross-recruiting. This includes any such activities across any divisions of the Collective, should any separate divisions with different compensation plans and or hierarchy structures exist, unless, and as specifically stated otherwise. The integrity of the hierarchy and the relationships therein is of paramount importance to every Caregiver as well as to the Collective. Any Caregiver violating this provision may be subject to immediate termination for cause, forfeiting any and all commissions due him or her.
F | PLACEMENT
F 1 All Caregivers in good standing may enroll and place other Caregivers in their downline network within the Collective’s Caregiver Compensation program. Said placement must be finalized on or prior to the 60th day of enrollment. Placement cannot be changed after 60 days of enrollment. Limit – one move.
F 2 Sponsors must offer general support, information, and assistance as well as bona fide supervisory, marketing, selling, and training support to any new person or Caregivers they enroll and or override, or otherwise benefit from through the compensation system.
F 3 Sponsors shall exercise their best efforts to ensure that all Caregivers in their downline network understand and comply with the most current terms and conditions of the CanaSense Terms and Conditions, the CannaSense Total Wellness Policies & Procedures Manual and the Caregiver Compensation Plan, as well as all applicable federal, state, provincial, and local laws, ordinances and regulations that pertain to the business of the Collective.
F 4 Caregivers should always use their best efforts to settle disputes between a new person and Caregiver or between Caregivers in their downline networks in an attempt to resolve such disputes promptly and amicably.
G | TRANSFER OF PLACEMENT CAREGIVERSHIP
G 1 A Caregiver may change the Direct Affiliate and Parent Affiliate by one of two methods.
Method one is through resignation of current Caregiver in either position, followed by re-enrollment of the Caregiver in the desired position of enrollment and or placement in the desired downline network. Such action will result in the termination of the current Direct Affiliate or Parent Affiliate position in the current downline network, along with all rights and benefits of the position in the downline network, including compensation, as well as the subsequent loss of any downline network Caregivers. Such resignation must be followed by a mandatory Six (6) month period of inactivity as a Caregiver prior to the submission of a new Caregiver Enrollment Application.
Method two is through the approved movement of current position in the downline network from one Parent or Direct Affiliate and or placement into another downline network under a new Direct or Parent Affiliate. This method not only requires the approval of the Collective, but it additionally requires the approval of 6 levels of Upline Affiliates, using the Affliate/Network Change Request Application. All Upline Affiliates must actively approve any move in writing, as verbal approvals or 3rd party approvals are invalid. Further, any lack of response by an Enroller within 10 days of notification will be construed as non-approval, and the Affiliate/Network Change Request will be summarily denied. This method of movement within the hierarchy is valid for a single Affiliate only, and does not provide for the movement of any downline network Affiliates.
The only exception to this rule is, at the discretion of a Customer Service Manager, executive, or officer of the Collective, if it is determined that a new person has been enrolled inappropriately or incorrectly, and only with the express permission of the referring Affiliate and new person, said new person may be moved to a different Direct or Parent Affiliate and or downline network within 7 days of initial enrollment. No such changes made under this “7 day rule” will be unreasonably made or withheld.
G 2 A Caregiver may not sell, assign or otherwise transfer his or her position within a downline network, or other Caregiver rights without written application and approval by the Collective which may not be unreasonably withheld. Use the Caregiver Downline Network Transfer Application to apply for such a sale or transfer. Sale or transfer of an Affiliate position will be automatically denied if said transfer would cause a violation of any other portion of these Guidelines and Standards. Any Caregiver who sells his or her Affiliate Position shall not be eligible to reenroll as a new person for a period of at least six (6) months after the sale. The Collective, after a review of the terms of the sale, reserves the right to approve or disapprove, in its sole discretion, of a proposed purchaser’s qualifications and intention to manage and develop the specific Affiliate position.
H | ORDERING AND SHIPPING PROCEDURES
H 1 Who May Order: The Collective will accept orders for items and products only after a Caregiver, Patient, Member or Consumer account has been activated following a review and verification of document submissions. No person can order items or products which may contain THC from the Apothecary until a Recommendation from their doctor is on file and has been verified.
H 2 All orders for product and other items will be processed for shipment upon clearance of payment. Shipment is made by common carrier and delivery should be expected within 7-14 days, unless special shipping arrangements are made at the time of order. If an ordered item is on backorder, consignee will be notified via telephone or electronic communication as to the status. As a standard, CannaSense Total Wellness does not ship partial orders or hold backorders in the system for extended periods of time. If backorder delay is relatively short, entire order will be held back and shipped in its entirety upon availability of backordered item. If backorder delay is extended, then backordered item will be cancelled from order, the price of that item returned to Customer/Caregiver, and the balance of the order, if any, will be processed and shipped. All ordered item(s) will be shipped as soon as items are available and usually within fourteen (14) days of the date the original order and payment was received.
H 3 Upon receipt, Caregivers should immediately inspect shipments to determine whether orders are complete and in good condition. Any damaged or missing contents should be noted on the delivery receipt. If items have been damaged in shipping, Caregiver should request, from the shipper, the process for filing a claim for damaged or missing materials. Items that are missing from shipment should be brought to the attention of the Collective within 1 business day of receipt to ensure proper handling of refund and or product reshipment.
H 4 If a shipment does not arrive within the expected timeframe, before assuming any shipment has been lost or stolen; a Caregiver should wait at least fifteen (15) working days from the placement of mail orders, and ten (10) working days from the placement of telephone or internet orders. Lost shipments, if later found and/or delivered, must be reported to the Collective’s Caregiver Services within seven (7) days of delivery. Any extra product received in any shipment must also be reported. Duplicate orders or replaced shipments that do arrive can be either returned to the Collective, or the Caregiver may contribute toward them, at the Caregivers discretion. A Caregiver who signs a delivery release with a common carrier, authorizing the carrier to leave an order at an unsecured location, without a signature, releases the Collective from responsibility for such delivery. Caregivers who are absent at the time of delivery may be required to retrieve their packages from the shipping office or have them delivered to a more suitable alternate location.
H 5 Sales Aids: Sales aids (Business Kits, Business Tools, Marketing Materials, and other future items) are not items that carry a discount or a bonus volume credit. Sponsors developing their networks should have, but are not required to have, a supply of these materials on hand to serve their downline network’s growth needs.
H 6 Order Forms: All orders must be placed through the appropriate online shopping cart / back office interface.
H 7 Submitting Orders: Items, Products, and Services are ordered at Listed Patient Prices. The overall success of the Collective and its Caregivers depends upon products provided to patients. A “retail sale” is defined as the sale to a Patient who is purchasing the product for his/her own use.
1. Caregivers may not themselves order, or ask their Downline Caregivers to order inventory for the sole purpose of participating in the Compensation Plan or “qualifying” themselves or others to earn commissions or bonuses (This practice is frequently referred to as “inventory loading”).
2. Caregivers may only contribute towards Collective items and products for personal consumption, or to provide prompt product delivery to downline network Caregiver in their own personal group on non-medicinal cannabis products.
3. Caregivers are required to have their downline network Caregivers submit all orders through the apothecary under their own Affiliate ID so that sales are documented.
4. Caregivers may not advertise or promote items or products that may contain THC, or items and products in the Apothecary for more than the current established retail price or for less than the current established wholesale price as published by the Collective. See current product price list for details on Wholesale and Retail prices.
H 9 Qualifying Order Policy: The Collective may not accept any qualifying order from a Caregiver after the twenty-fifth (25th) of any calendar month for the current volume month.
A qualifying order is defined as an order for the Collective products in which the Caregiver placing the order is using the bonus volume from that order to qualify for commissions and/or rank advancement.
All qualifying orders submitted by any warehouse must be clearly marked “Qualifying Order” with the volume month and year marked underneath. These markings must be placed on the Product Order Form in the box in the upper right hand corner labeled “Do Not Ship.” The date of the order must also be placed on the qualifying order and a copy of the qualifying order given to the Caregiver placing the qualifying order.
Any qualifying order submitted after the twenty-fifth (25th) of any calendar month for the current volume month must be submitted to the Collective directly via internet, telephone or facsimile transmission. To insure priority handling of a qualifying order, the Caregiver should inform the Collective’s Customer Service Caregiver the order being placed is a qualifying order. If the qualifying order is transmitted to the Collective via facsimile then the order should be clearly marked as a qualifying order and indicate the volume month for which the order is to be applied.
Any qualifying order received from a warehouse after the twenty-fifth (25th) of the calendar month for the current volume month will be applied towards the following volume month. In the event that an order is received from a warehouse and also submitted to the Collective directly via internet, telephone or facsimile transmission will be treated as two orders: One qualifying order for the current volume month and one qualifying order for the following volume month. If an order is canceled or refused, commissions for either of the volume months may be affected.
It is not the responsibility of the Collective to inform a Caregiver of an improper submission of a qualifying order. The Caregiver must place qualifying orders properly in order to participate in rank advancement and/or the earning of commissions.
Any Caregiver who, in good faith, placed a qualifying order in accordance with these policies and is denied commissions and/or rank advancement because a Warehouse is found to be in violation of these policies will receive commissions in accordance with the “Recalculation of Commissions Policy.”
In the event that a Caregiver willfully disregards this policy, neither the Collective nor the Warehouse will be held responsible.
I | ADVERTISING, USE OF COLLECTIVE NAMES, AND PROTECTED MATERIALS
I 1 No Caregiver shall produce, promote, or use copyrighted, trademarked, service marked, or proprietary materials of any kind describing the Collective’s names, products, or logos, if said materials are not obtained from, or approved by, the Collective in advance in writing, prior to their production or use. Caregivers shall not use or appear on television, radio, including Internet blogs, internet radio, podcasts, or any other media to promote or discuss the Collective or its programs without prior written permission from the Collective. All media inquiries shall be referred directly to the Collective. Caregivers may use the CannaSense Total Wellness Advertising Approval form to submit for approval any such media promotions.
In addition, Caregiver shall not misuse or misrepresent him/herself or any of the Collective’s products through the use of any other person’s name, Collective name, trademark, or any other personal or copyrighted information, symbols, logos, or trade names without the express written permission of both the other party and the Collective.
I 2 In addition to these Collective Guidelines and Standards, Federal law prohibits deceptive advertising, which includes any and all false and or unsubstantiated advertising. Caregivers must not use false or misleading statements or material omissions of information that may be construed to deceive the public in any advertising, whether in print, written, electronic, verbal, or any other form or media considered advertising. The Collective is including these regulations to comply with those of the Federal Trade Commission, Federal Drug Administration, as well as other various Federal, State, and Local agencies. The Collective takes these regulations seriously, and always abides by them when creating any and all Collective generated advertising.
I 3 Whereas the Collective may also consider approval of Caregiver generated advertising (as outlined in our Advertising Approval Application), it is mandatory that all Caregivers use only Collective generated and preapproved advertising in the promotion of the CannaSense Total Wellness® income opportunity or any CannaSense Total Wellness® products. The Collective is not required to, nor will it defend or hold harmless any Caregiver using non-approved advertising, in any form, that is found to be in violation of any Local, State, or Federal statutes. Please read these regulations carefully. Complete compliance with them is not only expected, it is necessary to avoid violation of federal law. Under federal law, the Collective is obliged to take all reasonable action possible to prevent and or halt deceptive advertising by its Caregivers. Once aware of deceptive promotions by a Caregiver, The Collective must and will act accordingly.
The following are examples of prohibited content applicable to all advertising and promotion of The Collective products (whether on the web, in person, or via media of mass communication):
a) No Caregiver may use any recording, book, pamphlet, or transcript to promote the sale of a Collective product if that recording, book, pamphlet, or transcript associates any constituent found in a Collective product with any effect on a disease or any health benefit unless the precise claim in question has been pre-approved for such use by the Collective.
b) No Caregiver may place upon his or her website used to promote or sell Collective products any link to another website containing information that associates a constituent contained in any Collective product or any Collective product with an effect on a disease or any health benefit unless that specific link has been pre-approved by the Collective.
c) You may not inform a potential purchaser of a Collective product that the product or any of its constituents can treat, cure, or prevent a disease or cause a health benefit unless the specific claim has been pre-approved by the Collective.
d) You may not advertise in any medium of mass communication (including via the internet, direct mail, print media, broadcast media, or cable media) that the product or any of its constituents can treat, cure, or prevent a disease or cause a health benefit unless the specific claim has been pre-approved by the Collective.
e) You may not represent that a The Collective product has any effect upon a body structure or function unless the specific claim has been pre-approved by the Collective.
By contrast with the preceding examples, you may use any claim approved by The Collective so long as it is used consistently with the approval given and within the same context approved for use. Collective literature, websites, and other electronic media do contain approved health claims, in context. These have been approved or allowed by the Food and Drug Administration and are consequently approved for use by Collective Caregivers, provided that FDA’s conditions on use of the individual claims are satisfied. These claims must be used in their entirety and within the limits prescribed by FDA.
I 4 Default Rule of Advertising Use
By default, any advertising, including, but not limited to, brochures, pamphlets, recordings, videos, E-Mail content, Websites, Blogs, Newsletters, Scripts, Articles, Banners, Presentations, and displays that are not produced and made available directly by the Collective are deemed a non-approved, non-compliant advertising, and must not be used to promote any aspect of the CannaSense Total Wellness® income opportunity or products.
I 5 Esoteric, Non-Intuitive Content
The laws regulating the use of advertising, claims, and information made available regarding nutritional products, network marketing, income opportunities, and health and or income claims are vast, containing many esoteric indications and rationale that are not always intuitive or obvious, especially to the layperson. The Collective goes to a great deal of time, energy, and expense to make sure that Caregivers have professional advertising materials available to them, that said advertising is up to date, compliant, and will not place the Caregiver in a situation where he/she violates Collective policies or Federal, State, and or Local statutes. For obvious reasons, CannaSense Total Wellness is reticent to approve any Caregiver generated advertising. Even in such cases where Caregiver generated advertising is approved, the Collective reserves the right to deny or rescind approval on any advertising for any reason at any time, with no liability or recourse for expenses incurred by Caregiver to create, distribute, or repeal said advertising. Once notified of same, Caregiver must discontinue use of said unapproved advertising immediately.
I 6 Caregivers may place classified ads if they do not use Collective names or trademarks.
I 7 Caregiver’s use of the Collective is restricted as to protect the Collective’s proprietary rights, ensuring that Collective protected names will not be lost or compromised by unauthorized use.
I 8 Other rules relating to the use of the Collective name are as follows:
a) All stationery (letterhead, envelopes, and business cards) bearing the Collective name or logo must be printed using the correct wording as indicated by the Collective and only after obtaining permission from the Collective.
b) All promotional items such as clothing, personal use items, and any items of any other nature which bear the Collective’s name or logo must be purchased/sold only from the Collective or its authorized Caregivers. The only exceptions are imprinted gift items such as: pens, key chains, letter openers, buttons, and calendars. These kinds of items must not include the Collective’s logo, but must be inscribed as follows:
Compliments of “CannaSense Total Wellness”
(optional address and phone number)
c) All Caregivers may list themselves in directories under their own names followed by the words “Independent Caregiver of CannaSense Total Wellness.”
d) No Caregiver is allowed to directory display ads using the Collective’s name or logo. No Caregiver shall list their business name, caller ID, or directory listing as CannaSense Total Wellness or any other Collective trademark, salesmark, or product name.
e) Use of the Collective’s name or logo on buildings, vehicles, etc., must be approved in writing in advance by the Collective. Such usage must always carry the phrase “CannaSense Total Wellness Independent Caregiver” immediately following the Caregiver’s name. Such usage must be according to Collective instructions and using Collective formats and/ or materials. Items bearing the Collective name(s) must be kept in visually attractive condition.
f) Caregivers may not refer to themselves as “CannaSense Total Wellness” or “CannaSense” alone when answering the telephone. The Caregiver’s name must be given. Always refer to yourself or your business as an “Independent CannaSense Total Wellness Caregiver.”
g) It is not permitted for anyone to possess a business name or bank account using any part of the name CannaSense Total Wellness.
I 9 Caregiver Website and Social Media Policy
This amendment to the CannaSense Total Wellness Policy & Procedures refers to the creation and use of Internet websites created by CannaSense Total Wellness Caregivers for the purpose of promoting themselves as a CannaSense Total Wellness Caregiver and the CannaSense Total Wellness products. A website is defined as any use of a computer, the Internet, and the World Wide Web to display, comment on, or otherwise transmit information in graphic, text, or audio form. As with any advertisement or promotion, the Policies & Procedures of CannaSense Total Wellness prevail and should be followed in addition to the following amendment.
a) The name CannaSense Total Wellness is a registered trademark, as are the other Collective and Product names owned by the Collective. The name CannaSense Total Wellness or any trademark or salesmark of the Collective, in its entirety, in part, or hyphenated may not be used in any domain name, URL, or email address.
b) All logos, slogans, and trademarks of the Collective are the sole property of CannaSense Total Wellness and may be used with written permission only. Permission to use CannaSense Total Wellness logos, slogans, and trademarks may be revoked without notice or reason and solely at the discretion of CannaSense Total Wellness.
c) All use of CannaSense Total Wellness logos, slogans, and trademarks must state permissions given on the front, index, home, or main page of any website.
d) All CannaSense Total Wellness logos, slogans, and trademarks must be used in their respective entirety. All colors in any CannaSense Total Wellness logo or trademark must be reproduced accurately. No partial logos or “artistic license” may be used.
e) CannaSense Total Wellness logos, slogans, and trademarks in graphic form may not be sold or traded by anyone.
f) The name and Caregiver Identification Number of any and all CannaSense Total Wellness Caregivers responsible for content of a website must be displayed on the front, index, home, or main page of the website.
g) No Caregiver of CannaSense Total Wellness may state or imply that their website is official, sanctioned, authorized, or licensed by CannaSense Total Wellness, or any board member, advisor, consultant, or affiliate of same. Any and all Representative owned websites must be identified as owned and controlled by the individual entity or person to whom the site belongs, followed by “independent Caregiver for CannaSense Total Wellness.” Only websites owned, controlled, and designated by the Collective as such can be considered as an “official website” or any iteration thereof. These websites include, but are not limited to www.cannasense.com, www.cannasense.org, and many other micro sites, and subordinate sites. Only representatives in good standing may have access to the Collective replicated sites, including, but not limited to www.cannasense.com, www.cannasense.org, as well as access to the tools, programs, back office access, and other areas contained therein.
h) Any and all sources of content and permissions for use of a CannaSense Total Wellness Caregiver’s website must be documented and stated on the website. This includes but is not limited to the use of graphics, quotes, and excerpts.
i) No Caregiver of CannaSense Total Wellness may make any claims of income or income potential by becoming a CannaSense Total Wellness Caregiver.
j) No Caregiver of CannaSense Total Wellness may make any claims of health benefits or betterment by consuming or applying CannaSense Total Wellness products.
k) Only the Caregiver’s personal testimonial about the benefits or results stemming from the use of CannaSense Total Wellness products may be used on a Caregiver’s website. A Caregiver’s website must not contain the testimonials of others in the content of their website.
l) No banners or other methods of advertisement may be used or included in the content of any CannaSense Total Wellness Caregiver’s website.
m) No hyperlinks to other websites promoting competing products may be used on any CannaSense Total Wellness Caregiver’s website.
n) No products other than CannaSense Total Wellness products may be mentioned or sold on any CannaSense Total Wellness Caregiver’s website. This includes but is not limited to product comparisons.
o) Any use of the internet to promote the CannaSense Total Wellness Compensation Plan internationally is prohibited until such time as CannaSense Total Wellness authorizes promotion of the Compensation Plan, after being designed and approved for a particular country.
p) Each individual CannaSense Total Wellness Caregiver is responsible for abiding by all local, state, and federal laws concerning all aspects of using the Internet to promote or sell CannaSense Total Wellness products and business opportunities.
q) CannaSense Total Wellness reserves the right to edit content of and require immediate modifications to any Caregiver’s website at the sole discretion of CannaSense Total Wellness.
r) Electronic mail (email) advertising is subject to CannaSense Total Wellness Policies & Procedures and as such must be submitted and approved prior to transmission. All email advertising is subject to editing by CannaSense Total Wellness prior to approval to transmit.
s) All email advertising must be in compliance with all prevailing local, state, and federal laws concerning unwanted, unsolicited email also known as spam. Spamming is illegal and will not be tolerated by CannaSense Total Wellness.
t) It is strictly forbidden for any Caregiver to represent him/herself or any products, product packages, or affiliations through direct or indirect inference through any website, advertisement, email, or any other means as other than is actually true and as outlined herein. Any represented affiliation with any person, persons, groups, or organization(s) that is against the wishes of, or unknown to said affiliate, will be viewed upon as fraudulent and in violation of Caregiver’s agreement.
u) Social Media Community Guidelines
1.) In addition to the Caregiver website specific guidelines, there are additional stipulations regarding Social Media and similar online communities. The Collective’s Social Media Community Guidelines are maintained separately as a part of these Guidelines and Standards. As Social Media is a dynamic and rapidly changing environment, it may be necessary to update said guidelines more frequently than that of this document. As a result, the most current guidelines may or may not coincide with what is listed herein. The most current guidelines are appropriately posted in/on the official Collective Social Media sites by the administrator(s) of said sites. Any violation of the Social Media Community Guidelines will be considered a violation of these Guidelines and Standards, and will be subject to the remedies as stated herein.
2.) The Collective welcomes the use of the Internet and on-line communities to promote the Collective, its products, services, and income opportunity. However, just as with any written or spoken advertising, any and all Social Media postings including, but not limited to chats, blogs, fan pages, broadcasts, videos, tweets, text messages, and etc. must be compliant with the entirety of these Guidelines and Standards. This also includes a Caregiver’s personal Social Media pages, if said pages are used to promote the Collective, its products, or income opportunity. If it is unclear whether any information to be posted may be compliant, submit said information to the Collective via mail, facsimile, or electronic mail to registration@CannaSense.com for review prior to posting.
3.) The Collective audits and monitors web activity for unapproved and/or unauthorized advertising on a continuing basis. Should any non-compliant activity be discovered, notification will be sent to the offender requesting the immediate removal of the non-compliant information, links, or other media. All notices and requests will be made as stated herein. In addition to the Collective’s monitoring, it is expected that all Caregivers actively police their Social Media site(s) for compliance violations, take steps to correct these, and report any violations as outlined herein. The Collective greatly appreciates the cooperation of all Caregivers and other members of the various Social Media groups for assisting in upholding the spirit of our on line community by providing an open, safe, and compliant environment.
4.) Fan Pages
Caregivers and other members of Collective sponsored social media communities (for the purposes of this section, referred to solely as “Member”) may not attempt to, or appear to, represent the Collective in any way on Facebook, Twitter, LinkedIn or other social media platforms. Further, no attempt to represent or appear to represent any individual person, either affiliated or not affiliated with the Collective is strictly prohibited. All accounts, fan pages, and personally created websites and blogs must be personal and obviously appear as such.
For example, you may not create a fan page entitled “CannaSense Total Wellness” or “CannaSense Total Wellness Super Store” because this would appear to represent the Collective. You may create a personal fan page, such as “CannaSense Total Wellness Personal Caregiver” with a picture of yourself, so long as you follow the other guidelines as stated herein.
You may create a personal blog in which you discuss the Collective products and business opportunity, but you may not use the Collective name(s) in your domain or claim to represent the Collective in any way, and you must follow the health and income claim guidelines as stated herein with all your marketing efforts.
6.) Personal Facebook Profiles
You may not include the Collective name anywhere in your personal Facebook profile name. Facebook profiles must be your real name; to do otherwise is a violation of both these Guidelines and Standards as well as Facebook terms of service and will likely result in the deletion or suspension of your Facebook account. It is strongly discouraged that you use any Collective logo or product images as your personal profile picture. To do so, will likely result as your account being designated as spam, which will hinder your relationship building efforts. An exception to this may be if the Collective posts or sets up “pic badges” or other uniform branding that can be added to your personal profile picture.
7.) Marketing to Facebook Members
The Collective Facebook pages and groups provide a forum for discussion, but they should not be used for marketing products or services, recommending affiliate products, or self-promotion. Anyone found to be misusing, abusing, or defaming the Collective or any Caregiver or Customer thereof on any and all Collective Facebook pages, will have all posts removed, be “unfriended” and flagged as “inappropriate” and, or “spammer” within Facebook.
8.) Links to Competing Companies
Posting information from, or links to, competing companies is not allowed. Such activity will be viewed as crossrecruiting and is a direct violation of your representative / Caregiver agreement.
The Collective maintains a zero tolerance policy with regard to SPAM within Social Media Communities. Common examples of SPAM include, but are not limited to:
• Unsolicited links and information sent to inboxes of those who do not wish to receive it, or without some sort of request for information.
• Posts of unsolicited links in Facebook groups or other Facebook pages not related to the Collective without a specific request for information.
• Tags of people in any Collective-related Facebook photos if they are not involved/have expressed interest in the Collective, its products, or business opportunity or who have specifically requested not to be tagged.
• Invitations or additions of individuals to the Collective Corporate Group who are not involved/have expressed interest in the Collective, its products or business opportunity.
• Frequent status updates promoting specific URL hyperlinks or other links.
I 10 Violators of any of these Policies & Procedures relating to advertising, Collective name(s), and logo(s) may be required by the Collective, at the Collective’s option, to correct the violations in whatever manner the Collective deems necessary. Correction measures are not limited to, but may include disconnecting phone numbers without a referral, removing signs, canceling advertising, and destroying noncompliant literature. Caregiver authorization may also be terminated, and offending Caregivers will be liable for any damages sustained by the Collective, as well as any other penalties imposed through legal action.
I 11 Compliance
B.) All Caregivers are obligated to report any and all violations of these regulations regarding deceptive advertising. Any such complaint will be promptly investigated, and appropriate action taken. The identity of anyone reporting such violations will be protected and the best interests of the Collective as well as the reporting Caregiver will be considered at all times during and after said investigation.
J | JUDICIAL PROCEDURES
J 1 Most violations of the Policies & Procedures occur through lack of awareness or understanding on the part of the violating Caregiver. Caregivers observing a Policy violation should immediately point out the violation directly to the violating Caregiver.
J 2 Any Caregiver found in violation of these regulations will receive a warning letter via electronic mail at their last known E-Mail address. The letter will demand full compliance within 7 days of its date of issuance. Follow-up will then be conducted by The Collective on the 7 day anniversary of the date of warning letter issuance to determine whether all changes necessary to achieve full compliance have been made. Where compliance is not achieved or not achieved completely, The Collective will suspend the Caregivership in question, whereby all benefits of the Caregivership, including commissions, will also be suspended. Full compliance will have to be achieved within an additional 7 days of Caregivership suspension or The Collective will terminate the Caregivership in question, and all Caregiver benefits, including commissions, will be forfeit. In addition, the Collective reserves the right to take further actions, including, but not limited to, seeking injunctive relief and or punitive damages and reformations, or referral to local, State, or Federal agencies if deemed necessary to protect the interests of the Collective or consumers at large.
J 3 Caregivers who observe continued violations by another Caregiver following the personal contact outlined in J1, should report the violation in writing to the Collective. Details such as dates, number of occurrences, and evidence, along with any supporting testimony, should be included in the report.
J 4 Any violation, large or small, of the Advertising, Use of Collective Name(s), and other Section I Policies must be referred directly to the Collective for resolution.
J 5 The Collective will address all violations according to set procedures including using Caregiver network input and giving the accused Caregiver adequate opportunity to respond to any violation charged.
J 6 It is the obligation of every Caregiver to maintain the integrity of the Policies & Procedures to ensure fairness and equal Compensation Plan opportunities to all Caregivers.
J 7 Failure of the Collective to enforce any of these Policies & Procedures with one Caregiver does not waive the right of the Collective to enforce any such provision(s) against that same Caregiver or any other Caregiver.
J 8 The original of a document faxed to the Collective must be received by the Collective before the document is considered “received” by the Collective.
J 9 To the fullest extent permitted by law, CannaSense Total Wellness shall not be liable for, and Caregiver releases the Collective from, and waives all claims for, any loss of profits, indirect, direct, special, or consequential damages or any other loss incurred or suffered by Caregiver as a result of:
a) the breach by the Caregiver of the Agreement and/or the terms and conditions of the Policies & Procedures,
b) the operation of Caregiver’s business,
c) any incorrect or wrong data or information provided by the Caregiver, or
d) the failure to provide any information or data necessary for the Collective to operate its business, including without limitation, the enrollment and acceptance of a Caregiver into the Compensation Plan or the payment of commissions and bonuses.
J 10 In the event of a dispute with the Collective, Caregiver and the Collective agree to participate in mediation in an earnest attempt to resolve the dispute prior to submitting it to binding arbitration pursuant to the Commercial Arbitration Rules then in effect of the American Arbitration Association, provided, however, that injunctive relief sought by the Collective against any party shall be excluded from this clause. Such Arbitration shall occur in Hightstown, NJ. Louisiana Caregivers, however, may arbitrate in New Orleans, Louisiana.
K | AMENDMENTS
K 1 The Collective shall have the right to amend rules, the Policies & Procedures, and the Compensation Plan and bonus structure under the following conditions:
1. Changes in the business environment: Changes which are detrimental to the Collective’s or Caregiver’s financial health or changes which require new policies due to new markets or strategies. For example, the evolution and popularity of eBay as an online storefront used by Caregivers may require new guidelines and Standards for this new marketing strategy. In the absence of specific language, the Collective will use its sole discretion to determine whether or not any “new” or “unique” marketing method is in violation of the spirit of these Guidelines and Standards. Should any Caregiver be seen as violating the spirit of these Guidelines and Standards, said Caregiver will be deemed as in violation of same, whether or not specific language yet exists to address the circumstances. If deemed necessary to amend these Guidelines and Standards, the Collective will do so in a timely basis once the need is recognized, however, the lack of such language will not preclude the Collective from acting upon violation of same.
2. Operational: Unanticipated operational expenses or to streamline procedures at the request of Caregivers.
3. Unsustainable Compensation Plan.
a. May be altered only if management discovers that the percentage of payout is detrimental to the long-term sustainability, profitability, or longevity of the Collective than initially anticipated.
b. If the Collective transitions to direct/retail sales, the Collective will continue to pay Caregivers on their current group volume up to that point under the same guidelines and terms of compensation.
c. To enhance the compensation payout to the benefit of the majority of Caregivers.
4. Legal Reasons: The Policies & Procedures may be modified due to new or modified federal, state, or local laws or legal action. All such modifications need to be commensurate with the specific need that has arisen, and no disguised, extraneous alterations may be inserted at this time to the determent of the Caregivers, creating additional breakage for the Collective. In such instances, the Collective is obligated to give notice and state such modifications to the Policies & Procedures in a Collectivewide communication. When essential modifications are made, there will be no retroactive effect of said changes.
K 2 Changes and amendments to these rules will go into effect immediately upon publication in an official Collective bulletin, newsletter, magazine, or Collective website. Amendments so announced will be binding on all Caregivers.
K 3 The Collective shall have the right to change pricing for products and sales materials at any time without consultation and for any reason the Collective deems necessary.
L | GENERAL BUSINESS ETHICS
By application to the Collective, each Caregiver agrees to conduct his/her business according to the following General Business Ethics. This code ensures high Standards of integrity and professionalism throughout the Collective’s network of independent Caregivers and protects each Caregiver’s individual business image, as well as the Collective’s overall image.
I promise and agree to conduct my business according to the following principles:
L 1 I will use the Golden Rule “treating others as I wish to be treated…” as the primary measuring stick in conducting all business.
L 2 I will be honest in all business dealings.
L 3 I will give the highest quality of service by treating customers fairly and showing courtesy and helpfulness in explaining the Collective products.
L 4 I will represent the Collective’s Compensation Plan completely and without exaggeration to all potential Caregivers.
L 5 I will fulfill all obligations stated herein with regards to Enrollment and Placement of other Caregivers including training, motivation, and support.
L 6 I will work in harmony with all of the Collective’s Caregivers to help further the success of the overall Collective programs and the success of all Caregivers recognizing that this supports my own business.
L 7 I will conduct my business professionally, keeping commitments I have made to others and portraying a positive image to all contacts.
L 8 I will always remember that success is the result of honest efort. I will work for personal success as well as encourage others to reap the rewards of diligent efort.
L 9 I will endeavor to observe the spirit as well as the letter in all of the Collective’s rules and policies, knowing they are for my benefit and the benefit of all Caregivers.
L 10 I will make no claim for any Collective product that is not contained in official Collective literature, nor will I misrepresent the income potential of the Compensation Plan.
M | PRODUCT RETURN POLICY
Caregivers, Preferred, and Retail Patients of CannaSense Total Wellness that need to return product for any reason, will be required to follow the procedures as outlined in this policy. Anyone failing to follow the procedures as described will not be entitled to a refund from CannaSense Total Wellness. Please read the following policy carefully.
M 1 In accordance with previously stated policy, no refunds are given or offered after thirty (30) days from the date product is received by the customer.
M 2 All requests for an RMA (Returned Merchandise Authorization) must be received by telephone to CannaSense Total Wellness. Request for an RMA via facsimile or letter will not receive a response from CannaSense Total Wellness.
M 3 All items returned for credit or refund must be disclosed at the time an RMA is issued. Any items returned to CannaSense Total Wellness that were not disclosed at the time the RMA was issued are not eligible for a credit or refund. Medicine in flower form is not returnable.
M 4 Only one RMA will be issued per invoice.
M 5 At the time a RMA is requested, a RMA number will be issued. The customer will be required to write the RMA number in black on the outside of the packaging material used to return product. It is advised that the customer retain the RMA number issued for their records.
M 6 At the time a RMA is requested a “Product Due Date” will be issued. The Product Due Date will be approximately ten business days from the date an RMA is initiated. CannaSense Total Wellness must receive the product on or before the issued Product Due Date to be eligible for any credit or refund issued. It is the responsibility of the customer to ensure that products are returned on or before the Product Due Date. CannaSense Total Wellness is not responsible for delays in the delivery of product returned caused by the United States Postal Service, or any other courier service, public or private. If after receipt of an RMA it is determined that product was received after the Product Due Date, a credit will not be issued.
M 7 It is advised that when product is returned to CannaSense Total Wellness, the customer use a carrier that will provide proof of delivery to the customer. CannaSense Total Wellness is not liable for packages lost in transit or not received.
M 8 Perishable (chocolate) shipments must abide by the following requirements in addition to all other policies as stated in Section M.
a) Must be returned in original packaging
b) Must be shipped overnight by Fed Ex
c) Return must be accompanied with RMA (Returned Merchandise Authorization.)
M 9 Packages sent to CannaSense Total Wellness without an RMA clearly visible on the outside of the package will be refused by CannaSense Total Wellness. It is advised that the customer use a thick black marker when writing the RMA number on the outside of the package. Ball point pen can be removed during the shipping process. CannaSense Total Wellness is not responsible for any RMA numbers removed during the delivery of product caused by the United States Postal Service, or any other courier service public or private. Any package refused by CannaSense Total Wellness will not be eligible for return or refund.
M 10 Instances of packages received without an RMA number that have been received by CannaSense Total Wellness from the United States Postal Service without a return receipt required will be held by CannaSense Total Wellness unopened for ten days after which they will be destroyed and disposed of. Any customer wanting their merchandise back must arrange to have said merchandise picked up by the carrier of their choice. CannaSense Total Wellness is not responsible for incorrect pickups in these instances.
M 11 All returned merchandise is subject to an 8% restocking fee.
M 12 CannaSense Total Wellness will not accept packages sent to CannaSense Total Wellness “Postage Due” or “Freight Collect.”
M 13 After CannaSense Total Wellness receives returned merchandise, a credit will be issued within 7-14 business days.
M 14 Credits will be issued for product amount only (minus 8% restocking fee). Credits will not be issued for shipping and handling.
N | Caregiver Legal Defense Fund
CannaSense Total Wellness pledges to provide to any Caregiver in good standing and in compliance with the CananSense Total Wellness Terms and Conditions and Guidelines and Standards, at no expense to the Caregiver, legal defense arising from charges at any jurisdictional level for the possession of medical cannabis.
O | Omissions
Omissions: Any scenario, subject, action or activity not specifically mentioned in the CannaSense Total Wellness Guidelines and Standards which could be in conflict with or injurious to the spirit or reputation of the Collective will be addressed and included when discovered. Please act responsibly, ethically and in the best interest of the Patients.