Thursday, November 14, 2019
BusinessPolicy & Procedure

Indigo LifeStyle Pte Ltd Policies and Procedures

INTRODUCTION

Indigo LifeStyle Pte Ltd (hereinafter referred to as "INDIGO" or “the Company"), is a direct marketing company that markets her products by word-of-mouth through her Independent Distributors of the products. It is crucial that you understand the success of yours and that of other Distributors are dependent upon the integrity of all the Distributors. These Policies and Procedures are aimed at safeguarding the rights and benefits of the company and all the distributors.

 

As an Independent Distributor of INDIGO, you are responsible for reading, understanding and ensuring that you are aware of and operating under the most updated version of the Company’s Policies and Procedures. When sponsoring a new Independent Distributor, you are responsible for providing the applicant with the most updated versions of the Policies and Procedures and the INDIGO Marketing and Compensation Plan, prior to his or her signing of the Distributor Agreement Form.

 

INDIGO honours all local regulations governing network marketing or direct sales and requires every Business Associates to do the same. As you may be unfamiliar with many of these standards of practice, it is crucial that you read, understand and abide by these Policies and Procedures. Should you have any doubts, please do not hesitate to clarify them with your sponsor, Leader or the Customer Service Specialists.


(I) APPLICATION TO BE AN INDEPENDENT DISTRIBUTOR

To become a Distributor, an applicant must fulfil the following requirements:

 

(a) The applicant's completed Distributor Application and Agreement Form has been received and accepted by INDIGO Corporate Headquarters.

(b) The applicant must be introduced to the Company by an authorised Distributor of INDIGO as a sponsor.

(c) The applicant must be of legal age or age of majority within the jurisdictions of his or her residence. Any person who is recognised as a minor within the jurisdiction of his or her residence may become a INDIGO Distributor only if a parent or legal guardian of the minor signs up as the primary applicant and the minor as the co-applicant.

 

Fictitious and Assumed Names
A person or entity may not apply as a INDIGO Distributor using a fictitious or assumed name.


INDIGO reserves the right to decline any applications.

(II) GENERAL BUSINESS OPERATION POLICIES

(1) No Purchase Required

There is no requirement for any person to purchase any INDIGO products in order to participate in the plan. If a Distributor makes a purchase of any INDIGO products within 24 months after becoming a INDIGO member, his/her membership will be automatically renewed. Should he/she fail to do so, his membership will be cancelled. Yearly membership fee is SGD20 per member.

 

(2) Rights of an Independent Distributor

All INDIGO Distributors are authorised to perform the following:

 

a) Purchase INDIGO’S products at member’s price.

b) Sell INDIGO’s products and services and to participate in the INDIGO Marketing and Compensation Plan.

c) Participate in INDIGO’s services, training and motivational and recognition functions at special member’s price.

d) Participate in promotional and incentive programmes sponsored by INDIGO.

 

(3) Independent Contractor Status

As all INDIGO Distributors are independent contractors with INDIGO and, thus, are not franchises, joint ventures, partners, employees or agents of INDIGO, they are strictly prohibited from stating or implying, whether orally or in writing, directly or indirectly, that they are franchises, joint ventures, partners, employees or agents of INDIGO.

 

All INDIGO Distributors have no authority to bind INDIGO to any obligations.

 

(4) Indemnity Agreement

Every Distributor is fully responsible for all of his or her verbal and written statements made regarding the INDIGO products and the INDIGO Marketing and Compensation Plan, which are not explicitly contained in INDIGO’s official literature. Every Distributor agrees to indemnify and hold harmless INDIGO, her shareholders, employees, agents, general/limited partners and successors in any corporate capacity from and against any claim, demand, liability, loss, cost or expense, including but not limited to attorney's fees arising from or alleged in connection with that Distributor's unauthorised representations or actions. This provision shall survive the termination of the Distributor Agreement.

 

(5) Taxation

Each Distributor is responsible for paying local taxes on any income generated as an Independent Distributor. All Distributors are responsible for their own managerial decisions and expenditures, including all estimated income and self-employment taxes.

 

(6) Legal Compliance

All INDIGO Distributors shall comply with all laws and local ordinances and regulations concerning the operation of their businesses. The Company reserves the right to terminate any Distributor, who is engaged in any unlawful activities or immoral act.


(7) Changes to Information of the Distributor

All Distributors must immediately notify INDIGO of all changes to the information contained in their Distributor Application and Agreement Form. Every notification must be made in writing, which is submitted together with a duly completed Distributor and Agreement Form and the necessary supporting documents.

 

The change of introducers/sponsors is strictly prohibited. This is to protect the integrity of all marketing organisations and safeguard the efforts of all Distributors, which is critical for the success of every Distributor and marketing organisation.

 

A Distributor may legitimately change organisations by voluntarily cancelling his or her INDIGO business and remaining inactive, which is no purchases of INDIGO products for resale made, no sales of INDIGO products made, no introducing to new Distributors, no attending of any INDIGO functions and no participation in any other forms of Distributor activities or the operation of any other INDIGO businesses, for six (6) full calendar months. Following the six-month period of inactivity, the former Distributor may re-apply to be new Distributor under a new introducer.

 

(8) Trade Shows, Expositions and Other Sales Forums

All Distributors may display and/or sell INDIGO products at trade shows and professional expositions. Prior to submitting a deposit to the event promoter, the Distributors must obtain the approval of the INDIGO Management in writing. It is the policy of INDIGO to authorise only one INDIGO business per event. The final approval will be granted to the first Distributor who submits an official advertisement of the event, a copy of the contract signed by both the Distributor and the event official, and a receipt indicating that a deposit for the booth has been paid. Approval is given only for the event specified. Requests to participate in other events must be submitted again to the INDIGO Management for approval. The Management reserves the right to decline any requests to participate in any functions that the Company deems as unsuitable forums for the promotion of INDIGO products. Approval will not be given for the participation in swap meets, garage sales, flea markets or night markets, as these events are deemed unsuitable for the portrayal of the professional image of INDIGO.


(9) Errors or Questions

Should there be doubts concerning commissions, bonuses, downline activity report or changes, or believed that there might be errors in them, a Distributor must notify INDIGO within three (3) working days from the date of the purported error or incident in question.

 

(10) Holding Application or Purchase Orders

All Distributors must not manipulate the enrolment of new applicants and the purchase of products. All Distributor Application and Agreement Forms or product orders must be sent in within forty-eight (48) hours from the time they are signed by a Distributor or placed by a Customer.

 

(11) Sale, Transfer or Assignment of INDIGO Business

Prior to selling a INDIGO business, the selling Distributor must notify the INDIGO Management of his or her intent to sell the INDIGO business.

 

All documents of the sale or transfer must first be signed and notarised by all parties involved in the sale, transfer or assignment, and then submitted to the INDIGO Management. No changes in line of sponsorship can result from the sale or transfer of a INDIGO business.

 

INDIGO reserves the right, in its sole discretion, to stipulate additional terms and conditions prior to the approval of any proposed sale, transfer or assignment.

 

INDIGO reserves the right to disapprove any sale, transfer or assignment.


(12) Separation of Business

INDIGO Distributors may operate their INDIGO businesses as husband-and-wife partnerships or a business entity. At such time when a marriage ends in divorce or a business entity dissolves, arrangements must be made to assure that any separation or division of the business is accomplished so as not to adversely affect the interests and income of other businesses up or down the line of introduction. If the separation parties fail to provide for the best interests of other Distributors and INDIGO, the Distributor Agreement will be involuntarily terminated.


(13) Succession

Upon the death of a Distributor, the business of the deceased Distributor may be passed to his or her successors in interest as provided by law. For a proper transfer, the successor in interest must submit a INDIGO Application and Agreement Form together with appropriate legal documentation, which includes (1) an original death certificate and (2) a notarised copy of the will or other instrument establishing the successor's right to the INDIGO business. The successor shall thereafter be entitled to all rights and subject to all the obligations as any other INDIGO Distributor.


(14) Confidentiality Agreement

(14.1) Confidentiality in Relation to Genealogical Reports
Information containing in any genealogical or downline report provided to a Distributor by INDIGO is proprietary and confidential to INDIGO, and is transmitted to the Distributor in confidence. The Distributor agrees that he or she will not disclose any such information to any third party directly or indirectly, nor use the information for any purpose other than promoting the INDIGO business. The Distributor and INDIGO agree that, but for this agreement of confidentiality and non-disclosure, INDIGO reserves the right to NOT provide such information to the Distributor. Any Distributor who is found, or reported to be, in violation of this rule may not only risk loss of buying privileges, possible suspension and/or termination of his or her Distributor status, but INDIGO may also seek legal remedy for damages.


(14.2) Confidentiality in Relation to Supply Chain
INDIGO's business relationships with its manufacturers and suppliers are confidential. A distributor shall not contact, directly or indirectly, or speak to or communicate with any representative of any supplier or manufacturer of INDIGO. Only at INDIGO sponsored events may the Distributor communicate with the vendor representative, provided the INDIGO Code of Ethics is maintained. Failure of such may result in immediate termination of distributorship.


(15) Advertising, Trademarks and Training

(15.1) Advertising

All Distributors shall safeguard and promote the good reputation of INDIGO and her products. The marketing and promotion of INDIGO, the INDIGO opportunity, the Marketing and Compensation Plan and INDIGO Products shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.

Only company-approved materials may be used in the placement of any advertising in any print or electronic media. No persons shall use the name, logos, trademarks or materials not produced by INDIGO or without the explicit written approval by the INDIGO Management in any advertising.

(15.2) Trademarks and Copyrights

Only company-approved materials may be used in the placement of any advertising in any print or electronic media. No persons shall use the INDIGO name, logos, trademarks, or copyrighted materials not produced by INDIGO or without the explicit written approval of INDIGO in any advertising.

(15.3) Imprinted literatures, Business Cards and Letterheads

Distributors are not permitted to include the name or logo of INDIGO to any literature without the written approval of the Company. Only the approved graphics and wording for business cards are permitted. These business cards may only be obtained from INDIGO Home Office or from a INDIGO Stockist.

(15.4) Company Literature

Only official INDIGO literature, sales aid and support materials may be used in representing INDIGO Products and the tremendous opportunity, to ensure that all Distributors will present INDIGO Products and Programmes truthfully and fairly.

(15.5) Media Inquiries

Distributors are prohibited from granting radio, television, newspaper, tabloid or magazine interviews, or using public appearances, public speaking engagements, or making any type of statement to the public media to publicise or discuss INDIGO and INDIGO products, or their individual INDIGO business, except with the prior written approval of INDIGO. All media contacts and inquiries must be immediately referred to the attention of the INDIGO Management. This policy is designed to ensure that accurate and consistent information is provided to the public, as well as portraying the proper image of the Company.

 

(16) Distributor Training

Independent Distributors are responsible to participate in training the new Distributors they introduce. Such training is directed by the INDIGO Business Kit, as well as company-sponsored training academies, seminars and workshops.


(17) Re-packaging of Products

Distributors are not allowed to re-package INDIGO products or services in any way for any reason.

 

(18) Recordings

Distributors shall not produce or reproduce for sale any personal or company-produced audio or video taped material detailing the INDIGO Marketing and Compensation Plan, programme or product presentations, events or speeches. Video or audio recording of the meetings and conferences of INDIGO is strictly prohibited. Photography may be allowed at the sole discretion of the meeting host and/or guest speaker.

 

(19) Telephone Answering

Distributors shall not answer the telephone by saying "INDIGO" or in any other manner that would lead the caller to believe that he or she has reached the INDIGO Home Office.

 

(20) Reporting Policy Violations

Distributors observing a policy violation by another Distributor should submit a written report of the violation directly to the INDIGO Management. Details of the incidents, such as dates, number of occurrences, persons involved and any supporting documents, should be included in the report.


Liability

Violation of any of the rules and policies explained in this section and those outlined on the Distributor Application and Agreement Form, as well as other means of information released by the Company is ground for termination of the individual's Distributor status. The violator may also be liable for damages resulting from unauthorised use of the copyrights, trademarks and materials of INDIGO.

(III) PURCHASE AND SALE OF PRODUCTS 

(1) Direct Purchase

Each Distributor should purchase his or her products directly from INDIGO. If a Distributor purchases products from another Distributor or any other source, the purchasing Distributor will not receive the personal sales volume that is associated with that purchase, as the Bonus Value of the product has already been posted to the original purchaser.

 

(2) Product Sale

The INDIGO Marketing and Compensation Plan is based upon the sale of INDIGO products to end Customers. Distributors must fulfil personal and network organisation sales requirements to be eligible for bonuses and advancement to higher level of achievement. All items purchased by Distributors are deemed to be for resale purposes only, unless the Distributor puts in writing that the purchase is for his or her own consumption.

 

(3) Stockpiling Prohibited

The Company discourages against all forms of stockpiling, as the success of INDIGO Distributors depends on retail sales to the ultimate consumer. INDIGO recognises that Distributors may wish to purchase products in reasonable amounts for their own personal use and/or to use them as samples. However, INDIGO strictly prohibits the purchase of products or services in unreasonable amounts solely in an attempt to qualify for advancement in the INDIGO Marketing and Compensation Plan.


(4) Deposits

Distributors should not accept monies from retail customers to be held for deposit in anticipation for future use.

 

(5) Insufficient Funds

INDIGO will not contact Distributors in regard to orders cancelled due to insufficient funds or credit. This may result in a Distributor's failure to meet his or her Personal Sales volume requirements. It is therefore the responsibility of the Distributors to check the status of their sales accordingly.

 

(6) Returned Cheque

All cheques returned by a Distributor's bank for insufficient funds will be re-submitted for payment. An amount of SGD30 will be charged to the account of the Distributor.

 

(7) Restriction on Third Party Use of Credit Cards and Checking Account Access

Distributors shall not permit other Distributors or Customers to use his or her Credit Card or permit debit to their checking accounts to make purchases from the Company.

 

(8) Timely Product and Material Delivery

Upon clearance of payment, INDIGO will process for shipment the products and materials ordered. If an item is temporarily not available or out of stock, the consignee is notified by way of email. All orders are usually shipped within three (3) business days from the date the original order and payment was received. However INDIGO guarantees that all orders will be shipped no later than one (1) week from the date of the original order and payment received.

 

(9) Price Changes

Prices of all INDIGO products and literature are subject to change without prior notice.

 

(10) Retail Pricing

INDIGO provides a suggested retail price and all distributors are encouraged to sell INDIGO products at the suggested price.

 

(11) Goods and Service Tax

For purchases made from INDIGO, the Company is responsible for the collection and remittance of the Goods and Service Tax. The applicable rate of tax based on the address to which the product and/or materials are delivered.

 

Distributors who request tax-exempt purchases from INDIGO must provide INDIGO with a true and correct copy of their resale exemption certificate showing a resale tax number.

 

(12) Goods Return Policy

All products purchased at INDIGO are entitled to a sixty-day (60-day) refund period.

 

Returning products must be unopened and wrapped in its original packaging. The refunding distributor must bring along valid invoices/receipts, Distributor Identification Card, completed Goods Return Form with sponsor’s signature and the returning products for the Goods Refund application to be processed.

 

All refunds are subject to the following conditions:

 

(a) If refunded within 30 days -10% administrative charge will be levied
(b) After 30 days – 10% administrative charge and other bonuses and commission paid to the resigning distributor.

 

Purchases made using credit cards by VISA or MasterCard would be refunded via the cardholder’s credit card account. The same applies to those who made purchases via interest-free installment plans.

 

When a refund is made, INDIGO will retrieve the commission paid out through debit notes or negative commission adjustment against future commission on all uplines related to the sale.

 

The Distributor will receive the refund fourteen (14) working days after the goods return procedure has been completed provided that the upline has fully settled his or her debit note.

 

Upon submission of application for goods return, the Distributor is deemed to have terminated his or her distributorship unless otherwise applied and approved by the Management.

 

After the sixty-day (60-day) period, all sales will be considered final.

(IV) DISCIPLINARY SANCTION

(1) Violation of the Agreement, these Policies and Procedures, or any illegal, fraudulent, deceptive or unethical business conduct by a Distributor may result, at INDIGO's discretion, in one or more of the following corrective measures:


(a) Issuance of a written warning or admonition.
(b) Requiring the Distributor to take immediate corrective measures.
(c) Imposition of a fine, which may include withholding bonus and commission cheques.
(d) Loss of rights to one or more bonus and commission cheques.
(e) INDIGO may withhold a Distributor all or part of his or her bonuses and commissions during the period that INDIGO is investigating any conduct allegedly violating of the Agreement. If a Distributor's business is cancelled for disciplinary reasons, the Distributor may not be entitled to recover any commissions withheld during the investigation period.
(f) Suspension of the individual's Distributor Agreement for one or more pay period.
(g) Involuntary termination of the offender's Distributor Agreement.
(h) Any other measure expressly allowed within any provision of the Agreement or which INDIGO deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Distributor's violation of the policy or contractual breach.
(i) In situations deemed appropriate by INDIGO, the Company may institute legal proceedings for monetary and/or equitable relief.

(V) SUSPENSION AND TERMINATION

(1) Involuntary Termination

An Independent Distributor may be terminated or otherwise disciplined for violating the terms of the Distributor Application and Agreement, for failing to meet or maintain the INDIGO Code of Ethics or for violating the following terms and conditions:


(A) Conflict of Interest

INDIGO Distributors are not restricted from purchasing the products of other companies. However, to avoid any conflict of interest and loyalty, the Distributor is prohibited to :


(i) Take part or involve in another network marketing company marketing plan and/or business;
(ii) To engage in any actual or attempted actions to introduce INDIGO Customer or Distributor to other network marketing business ventures, either directly or through a third party during the term of this Agreement.
(iii) This includes, but is not limited to, presenting or assisting in the presentation of other network marketing business ventures to any INDIGO Customer or Distributor, or implicitly or explicitly encouraging any INDIGO Customer or Distributor to join other business ventures.
(iv) Selling, offering to sell, or promoting any competing non-INDIGO products or services to INDIGO Customers or Distributors. Any products or services in the same generic category as a INDIGO product is deemed to be competing, regardless of buying privileges.

 

(B) Cross-Line Introduction

Actual or attempted cross introduction is strictly prohibited. "Cross-Line Introduction" is defined as the introduction of an individual who or an entity that already has a current Customer or Distributor Agreement on file with INDIGO, or who had such an agreement within the preceding six (6) calendar months, within a different line of introduction. The use of the name of a spouse or a relative, trade names, assumed names, corporations, partnerships, trusts or fictitious Identity Card numbers to circumvent this policy is prohibited. Distributors shall not demean, discredit or defame other INDIGO Distributors in an attempt to entice another Distributor to become part of the first Distributor's marketing organisation. Any Distributor found or reported with documentation to be in violation of this rule shall risk suspension and/or termination of membership.

 

(C) Misrepresentation/ Defaming

When a distributor is found guilty of misrepresenting the company which makes the company suffers reputation loss or loss of sales, he/she might face suspension and termination, after or during investigation.

 

This goes the same if the distributor is found guilty of spreading negativity or unfounded rumors of the company among distributors or to the members of the public, not excluding using of a fictitious or third parties’ name, the company reserves all right to suspense/terminate the distributor’s membership and also might seek legal remedy to such distributor.

 

(D) Effect of Suspension

Should INDIGO deem necessary to suspend a Distributor, such suspension could mean that the Distributor no longer have the right to represent himself or herself as a Distributor of INDIGO and that any commissions and/or bonuses due will be held in abeyance by INDIGO pending resolution. Products or services may only be purchased for personal use at Distributor price. All commission held in abeyance will be distributed upon resolution of the suspension, less offset owed to INDIGO. All rights as a INDIGO distributor will be suspended accordingly.


(E) Effect of Termination

In the event that a Distributor is terminated, effective as of the date of such termination, he or she can no longer sell INDIGO products or services, nor can he or she introduce other new Distributors. The terminated Distributor also loses all rights to future sales commissions and/or bonuses and all other benefits associated with the activities of a Distributor and his or her sales organisation.


(2) Voluntary Termination

A Distributor may voluntarily terminate his or her Distributor status by sending a written notice to INDIGO stating that he or she is terminating his or her Distributor status. Voluntary termination is effective upon receipt of such notice by the INDIGO Home Office. A Distributor who voluntarily terminates his or her distributorship may re-apply for a new distributorship six (6) months after the date of voluntary termination.

 

(3) Partnership and Husband/Wife Account

If the distributor’s main account is shared with his/her husband/wife or other business partners, violation of one of the partners will suffice enough ground for possible termination of the distributor’s main account.

(VI) GENERAL PROVISIONS

(1) Bonus and Commission Pay Period

All bonuses and commissions are paid on the 5th week after the last closing month by cheque. Any commission, bonus, refunds or monies payable to a Distributor will be forfeited if the cheques remain uncollected six (6) months after the date of issue of the cheques.


(2) Activity Level Requirement

Distributors must achieve at least thirty (30) BV worth of Monthly Personal sale to qualify for receiving commission.


(3) Record Keeping

INDIGO encourages all her Distributors to keep complete and accurate records of all their business dealings and transactions.

 

(4) Government Endorsement

The government does not approve of and endorse any network marketing business entity. Therefore, Distributors may not represent or imply, directly or indirectly, that the INDIGO Marketing and Compensation Plan has been approved or endorsed by any government departments.

 

(5) Change of Policy

INDIGO reserves all rights to change/amend her policy and procedures without prior notice at her sole discretion.

 


 

Indigo LifeStyle Pte Ltd Policies and Procedures

INTRODUCTION

Indigo LifeStyle Pte Ltd (hereinafter referred to as "INDIGO" or “the Company"), is a direct marketing company that markets her products by word-of-mouth through her Independent Distributors of the products. It is crucial that you understand the success of yours and that of other Distributors are dependent upon the integrity of all the Distributors. These Policies and Procedures are aimed at safeguarding the rights and benefits of the company and all the distributors.

 

As an Independent Distributor of INDIGO, you are responsible for reading, understanding and ensuring that you are aware of and operating under the most updated version of the Company’s Policies and Procedures. When sponsoring a new Independent Distributor, you are responsible for providing the applicant with the most updated versions of the Policies and Procedures and the INDIGO Marketing and Compensation Plan, prior to his or her signing of the Distributor Agreement Form.

 

INDIGO honours all local regulations governing network marketing or direct sales and requires every Business Associates to do the same. As you may be unfamiliar with many of these standards of practice, it is crucial that you read, understand and abide by these Policies and Procedures. Should you have any doubts, please do not hesitate to clarify them with your sponsor, Leader or the Customer Service Specialists.


(I) APPLICATION TO BE AN INDEPENDENT DISTRIBUTOR

To become a Distributor, an applicant must fulfil the following requirements:

 

(a) The applicant's completed Distributor Application and Agreement Form has been received and accepted by INDIGO Corporate Headquarters.

(b) The applicant must be introduced to the Company by an authorised Distributor of INDIGO as a sponsor.

(c) The applicant must be of legal age or age of majority within the jurisdictions of his or her residence. Any person who is recognised as a minor within the jurisdiction of his or her residence may become a INDIGO Distributor only if a parent or legal guardian of the minor signs up as the primary applicant and the minor as the co-applicant.

 

Fictitious and Assumed Names
A person or entity may not apply as a INDIGO Distributor using a fictitious or assumed name.


INDIGO reserves the right to decline any applications.

(II) GENERAL BUSINESS OPERATION POLICIES

(1) No Purchase Required

There is no requirement for any person to purchase any INDIGO products in order to participate in the plan. If a Distributor makes a purchase of any INDIGO products within 24 months after becoming a INDIGO member, his/her membership will be automatically renewed. Should he/she fail to do so, his membership will be cancelled. Yearly membership fee is SGD20 per member.

 

(2) Rights of an Independent Distributor

All INDIGO Distributors are authorised to perform the following:

 

a) Purchase INDIGO’S products at member’s price.

b) Sell INDIGO’s products and services and to participate in the INDIGO Marketing and Compensation Plan.

c) Participate in INDIGO’s services, training and motivational and recognition functions at special member’s price.

d) Participate in promotional and incentive programmes sponsored by INDIGO.

 

(3) Independent Contractor Status

As all INDIGO Distributors are independent contractors with INDIGO and, thus, are not franchises, joint ventures, partners, employees or agents of INDIGO, they are strictly prohibited from stating or implying, whether orally or in writing, directly or indirectly, that they are franchises, joint ventures, partners, employees or agents of INDIGO.

 

All INDIGO Distributors have no authority to bind INDIGO to any obligations.

 

(4) Indemnity Agreement

Every Distributor is fully responsible for all of his or her verbal and written statements made regarding the INDIGO products and the INDIGO Marketing and Compensation Plan, which are not explicitly contained in INDIGO’s official literature. Every Distributor agrees to indemnify and hold harmless INDIGO, her shareholders, employees, agents, general/limited partners and successors in any corporate capacity from and against any claim, demand, liability, loss, cost or expense, including but not limited to attorney's fees arising from or alleged in connection with that Distributor's unauthorised representations or actions. This provision shall survive the termination of the Distributor Agreement.

 

(5) Taxation

Each Distributor is responsible for paying local taxes on any income generated as an Independent Distributor. All Distributors are responsible for their own managerial decisions and expenditures, including all estimated income and self-employment taxes.

 

(6) Legal Compliance

All INDIGO Distributors shall comply with all laws and local ordinances and regulations concerning the operation of their businesses. The Company reserves the right to terminate any Distributor, who is engaged in any unlawful activities or immoral act.


(7) Changes to Information of the Distributor

All Distributors must immediately notify INDIGO of all changes to the information contained in their Distributor Application and Agreement Form. Every notification must be made in writing, which is submitted together with a duly completed Distributor and Agreement Form and the necessary supporting documents.

 

The change of introducers/sponsors is strictly prohibited. This is to protect the integrity of all marketing organisations and safeguard the efforts of all Distributors, which is critical for the success of every Distributor and marketing organisation.

 

A Distributor may legitimately change organisations by voluntarily cancelling his or her INDIGO business and remaining inactive, which is no purchases of INDIGO products for resale made, no sales of INDIGO products made, no introducing to new Distributors, no attending of any INDIGO functions and no participation in any other forms of Distributor activities or the operation of any other INDIGO businesses, for six (6) full calendar months. Following the six-month period of inactivity, the former Distributor may re-apply to be new Distributor under a new introducer.

 

(8) Trade Shows, Expositions and Other Sales Forums

All Distributors may display and/or sell INDIGO products at trade shows and professional expositions. Prior to submitting a deposit to the event promoter, the Distributors must obtain the approval of the INDIGO Management in writing. It is the policy of INDIGO to authorise only one INDIGO business per event. The final approval will be granted to the first Distributor who submits an official advertisement of the event, a copy of the contract signed by both the Distributor and the event official, and a receipt indicating that a deposit for the booth has been paid. Approval is given only for the event specified. Requests to participate in other events must be submitted again to the INDIGO Management for approval. The Management reserves the right to decline any requests to participate in any functions that the Company deems as unsuitable forums for the promotion of INDIGO products. Approval will not be given for the participation in swap meets, garage sales, flea markets or night markets, as these events are deemed unsuitable for the portrayal of the professional image of INDIGO.


(9) Errors or Questions

Should there be doubts concerning commissions, bonuses, downline activity report or changes, or believed that there might be errors in them, a Distributor must notify INDIGO within three (3) working days from the date of the purported error or incident in question.

 

(10) Holding Application or Purchase Orders

All Distributors must not manipulate the enrolment of new applicants and the purchase of products. All Distributor Application and Agreement Forms or product orders must be sent in within forty-eight (48) hours from the time they are signed by a Distributor or placed by a Customer.

 

(11) Sale, Transfer or Assignment of INDIGO Business

Prior to selling a INDIGO business, the selling Distributor must notify the INDIGO Management of his or her intent to sell the INDIGO business.

 

All documents of the sale or transfer must first be signed and notarised by all parties involved in the sale, transfer or assignment, and then submitted to the INDIGO Management. No changes in line of sponsorship can result from the sale or transfer of a INDIGO business.

 

INDIGO reserves the right, in its sole discretion, to stipulate additional terms and conditions prior to the approval of any proposed sale, transfer or assignment.

 

INDIGO reserves the right to disapprove any sale, transfer or assignment.


(12) Separation of Business

INDIGO Distributors may operate their INDIGO businesses as husband-and-wife partnerships or a business entity. At such time when a marriage ends in divorce or a business entity dissolves, arrangements must be made to assure that any separation or division of the business is accomplished so as not to adversely affect the interests and income of other businesses up or down the line of introduction. If the separation parties fail to provide for the best interests of other Distributors and INDIGO, the Distributor Agreement will be involuntarily terminated.


(13) Succession

Upon the death of a Distributor, the business of the deceased Distributor may be passed to his or her successors in interest as provided by law. For a proper transfer, the successor in interest must submit a INDIGO Application and Agreement Form together with appropriate legal documentation, which includes (1) an original death certificate and (2) a notarised copy of the will or other instrument establishing the successor's right to the INDIGO business. The successor shall thereafter be entitled to all rights and subject to all the obligations as any other INDIGO Distributor.


(14) Confidentiality Agreement

(14.1) Confidentiality in Relation to Genealogical Reports
Information containing in any genealogical or downline report provided to a Distributor by INDIGO is proprietary and confidential to INDIGO, and is transmitted to the Distributor in confidence. The Distributor agrees that he or she will not disclose any such information to any third party directly or indirectly, nor use the information for any purpose other than promoting the INDIGO business. The Distributor and INDIGO agree that, but for this agreement of confidentiality and non-disclosure, INDIGO reserves the right to NOT provide such information to the Distributor. Any Distributor who is found, or reported to be, in violation of this rule may not only risk loss of buying privileges, possible suspension and/or termination of his or her Distributor status, but INDIGO may also seek legal remedy for damages.


(14.2) Confidentiality in Relation to Supply Chain
INDIGO's business relationships with its manufacturers and suppliers are confidential. A distributor shall not contact, directly or indirectly, or speak to or communicate with any representative of any supplier or manufacturer of INDIGO. Only at INDIGO sponsored events may the Distributor communicate with the vendor representative, provided the INDIGO Code of Ethics is maintained. Failure of such may result in immediate termination of distributorship.


(15) Advertising, Trademarks and Training

(15.1) Advertising

All Distributors shall safeguard and promote the good reputation of INDIGO and her products. The marketing and promotion of INDIGO, the INDIGO opportunity, the Marketing and Compensation Plan and INDIGO Products shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.

Only company-approved materials may be used in the placement of any advertising in any print or electronic media. No persons shall use the name, logos, trademarks or materials not produced by INDIGO or without the explicit written approval by the INDIGO Management in any advertising.

(15.2) Trademarks and Copyrights

Only company-approved materials may be used in the placement of any advertising in any print or electronic media. No persons shall use the INDIGO name, logos, trademarks, or copyrighted materials not produced by INDIGO or without the explicit written approval of INDIGO in any advertising.

(15.3) Imprinted literatures, Business Cards and Letterheads

Distributors are not permitted to include the name or logo of INDIGO to any literature without the written approval of the Company. Only the approved graphics and wording for business cards are permitted. These business cards may only be obtained from INDIGO Home Office or from a INDIGO Stockist.

(15.4) Company Literature

Only official INDIGO literature, sales aid and support materials may be used in representing INDIGO Products and the tremendous opportunity, to ensure that all Distributors will present INDIGO Products and Programmes truthfully and fairly.

(15.5) Media Inquiries

Distributors are prohibited from granting radio, television, newspaper, tabloid or magazine interviews, or using public appearances, public speaking engagements, or making any type of statement to the public media to publicise or discuss INDIGO and INDIGO products, or their individual INDIGO business, except with the prior written approval of INDIGO. All media contacts and inquiries must be immediately referred to the attention of the INDIGO Management. This policy is designed to ensure that accurate and consistent information is provided to the public, as well as portraying the proper image of the Company.

 

(16) Distributor Training

Independent Distributors are responsible to participate in training the new Distributors they introduce. Such training is directed by the INDIGO Business Kit, as well as company-sponsored training academies, seminars and workshops.


(17) Re-packaging of Products

Distributors are not allowed to re-package INDIGO products or services in any way for any reason.

 

(18) Recordings

Distributors shall not produce or reproduce for sale any personal or company-produced audio or video taped material detailing the INDIGO Marketing and Compensation Plan, programme or product presentations, events or speeches. Video or audio recording of the meetings and conferences of INDIGO is strictly prohibited. Photography may be allowed at the sole discretion of the meeting host and/or guest speaker.

 

(19) Telephone Answering

Distributors shall not answer the telephone by saying "INDIGO" or in any other manner that would lead the caller to believe that he or she has reached the INDIGO Home Office.

 

(20) Reporting Policy Violations

Distributors observing a policy violation by another Distributor should submit a written report of the violation directly to the INDIGO Management. Details of the incidents, such as dates, number of occurrences, persons involved and any supporting documents, should be included in the report.


Liability

Violation of any of the rules and policies explained in this section and those outlined on the Distributor Application and Agreement Form, as well as other means of information released by the Company is ground for termination of the individual's Distributor status. The violator may also be liable for damages resulting from unauthorised use of the copyrights, trademarks and materials of INDIGO.

(III) PURCHASE AND SALE OF PRODUCTS 

(1) Direct Purchase

Each Distributor should purchase his or her products directly from INDIGO. If a Distributor purchases products from another Distributor or any other source, the purchasing Distributor will not receive the personal sales volume that is associated with that purchase, as the Bonus Value of the product has already been posted to the original purchaser.

 

(2) Product Sale

The INDIGO Marketing and Compensation Plan is based upon the sale of INDIGO products to end Customers. Distributors must fulfil personal and network organisation sales requirements to be eligible for bonuses and advancement to higher level of achievement. All items purchased by Distributors are deemed to be for resale purposes only, unless the Distributor puts in writing that the purchase is for his or her own consumption.

 

(3) Stockpiling Prohibited

The Company discourages against all forms of stockpiling, as the success of INDIGO Distributors depends on retail sales to the ultimate consumer. INDIGO recognises that Distributors may wish to purchase products in reasonable amounts for their own personal use and/or to use them as samples. However, INDIGO strictly prohibits the purchase of products or services in unreasonable amounts solely in an attempt to qualify for advancement in the INDIGO Marketing and Compensation Plan.


(4) Deposits

Distributors should not accept monies from retail customers to be held for deposit in anticipation for future use.

 

(5) Insufficient Funds

INDIGO will not contact Distributors in regard to orders cancelled due to insufficient funds or credit. This may result in a Distributor's failure to meet his or her Personal Sales volume requirements. It is therefore the responsibility of the Distributors to check the status of their sales accordingly.

 

(6) Returned Cheque

All cheques returned by a Distributor's bank for insufficient funds will be re-submitted for payment. An amount of SGD30 will be charged to the account of the Distributor.

 

(7) Restriction on Third Party Use of Credit Cards and Checking Account Access

Distributors shall not permit other Distributors or Customers to use his or her Credit Card or permit debit to their checking accounts to make purchases from the Company.

 

(8) Timely Product and Material Delivery

Upon clearance of payment, INDIGO will process for shipment the products and materials ordered. If an item is temporarily not available or out of stock, the consignee is notified by way of email. All orders are usually shipped within three (3) business days from the date the original order and payment was received. However INDIGO guarantees that all orders will be shipped no later than one (1) week from the date of the original order and payment received.

 

(9) Price Changes

Prices of all INDIGO products and literature are subject to change without prior notice.

 

(10) Retail Pricing

INDIGO provides a suggested retail price and all distributors are encouraged to sell INDIGO products at the suggested price.

 

(11) Goods and Service Tax

For purchases made from INDIGO, the Company is responsible for the collection and remittance of the Goods and Service Tax. The applicable rate of tax based on the address to which the product and/or materials are delivered.

 

Distributors who request tax-exempt purchases from INDIGO must provide INDIGO with a true and correct copy of their resale exemption certificate showing a resale tax number.

 

(12) Goods Return Policy

All products purchased at INDIGO are entitled to a sixty-day (60-day) refund period.

 

Returning products must be unopened and wrapped in its original packaging. The refunding distributor must bring along valid invoices/receipts, Distributor Identification Card, completed Goods Return Form with sponsor’s signature and the returning products for the Goods Refund application to be processed.

 

All refunds are subject to the following conditions:

 

(a) If refunded within 30 days -10% administrative charge will be levied
(b) After 30 days – 10% administrative charge and other bonuses and commission paid to the resigning distributor.

 

Purchases made using credit cards by VISA or MasterCard would be refunded via the cardholder’s credit card account. The same applies to those who made purchases via interest-free installment plans.

 

When a refund is made, INDIGO will retrieve the commission paid out through debit notes or negative commission adjustment against future commission on all uplines related to the sale.

 

The Distributor will receive the refund fourteen (14) working days after the goods return procedure has been completed provided that the upline has fully settled his or her debit note.

 

Upon submission of application for goods return, the Distributor is deemed to have terminated his or her distributorship unless otherwise applied and approved by the Management.

 

After the sixty-day (60-day) period, all sales will be considered final.

(IV) DISCIPLINARY SANCTION

(1) Violation of the Agreement, these Policies and Procedures, or any illegal, fraudulent, deceptive or unethical business conduct by a Distributor may result, at INDIGO's discretion, in one or more of the following corrective measures:


(a) Issuance of a written warning or admonition.
(b) Requiring the Distributor to take immediate corrective measures.
(c) Imposition of a fine, which may include withholding bonus and commission cheques.
(d) Loss of rights to one or more bonus and commission cheques.
(e) INDIGO may withhold a Distributor all or part of his or her bonuses and commissions during the period that INDIGO is investigating any conduct allegedly violating of the Agreement. If a Distributor's business is cancelled for disciplinary reasons, the Distributor may not be entitled to recover any commissions withheld during the investigation period.
(f) Suspension of the individual's Distributor Agreement for one or more pay period.
(g) Involuntary termination of the offender's Distributor Agreement.
(h) Any other measure expressly allowed within any provision of the Agreement or which INDIGO deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Distributor's violation of the policy or contractual breach.
(i) In situations deemed appropriate by INDIGO, the Company may institute legal proceedings for monetary and/or equitable relief.

(V) SUSPENSION AND TERMINATION

(1) Involuntary Termination

An Independent Distributor may be terminated or otherwise disciplined for violating the terms of the Distributor Application and Agreement, for failing to meet or maintain the INDIGO Code of Ethics or for violating the following terms and conditions:


(A) Conflict of Interest

INDIGO Distributors are not restricted from purchasing the products of other companies. However, to avoid any conflict of interest and loyalty, the Distributor is prohibited to :


(i) Take part or involve in another network marketing company marketing plan and/or business;
(ii) To engage in any actual or attempted actions to introduce INDIGO Customer or Distributor to other network marketing business ventures, either directly or through a third party during the term of this Agreement.
(iii) This includes, but is not limited to, presenting or assisting in the presentation of other network marketing business ventures to any INDIGO Customer or Distributor, or implicitly or explicitly encouraging any INDIGO Customer or Distributor to join other business ventures.
(iv) Selling, offering to sell, or promoting any competing non-INDIGO products or services to INDIGO Customers or Distributors. Any products or services in the same generic category as a INDIGO product is deemed to be competing, regardless of buying privileges.

 

(B) Cross-Line Introduction

Actual or attempted cross introduction is strictly prohibited. "Cross-Line Introduction" is defined as the introduction of an individual who or an entity that already has a current Customer or Distributor Agreement on file with INDIGO, or who had such an agreement within the preceding six (6) calendar months, within a different line of introduction. The use of the name of a spouse or a relative, trade names, assumed names, corporations, partnerships, trusts or fictitious Identity Card numbers to circumvent this policy is prohibited. Distributors shall not demean, discredit or defame other INDIGO Distributors in an attempt to entice another Distributor to become part of the first Distributor's marketing organisation. Any Distributor found or reported with documentation to be in violation of this rule shall risk suspension and/or termination of membership.

 

(C) Misrepresentation/ Defaming

When a distributor is found guilty of misrepresenting the company which makes the company suffers reputation loss or loss of sales, he/she might face suspension and termination, after or during investigation.

 

This goes the same if the distributor is found guilty of spreading negativity or unfounded rumors of the company among distributors or to the members of the public, not excluding using of a fictitious or third parties’ name, the company reserves all right to suspense/terminate the distributor’s membership and also might seek legal remedy to such distributor.

 

(D) Effect of Suspension

Should INDIGO deem necessary to suspend a Distributor, such suspension could mean that the Distributor no longer have the right to represent himself or herself as a Distributor of INDIGO and that any commissions and/or bonuses due will be held in abeyance by INDIGO pending resolution. Products or services may only be purchased for personal use at Distributor price. All commission held in abeyance will be distributed upon resolution of the suspension, less offset owed to INDIGO. All rights as a INDIGO distributor will be suspended accordingly.


(E) Effect of Termination

In the event that a Distributor is terminated, effective as of the date of such termination, he or she can no longer sell INDIGO products or services, nor can he or she introduce other new Distributors. The terminated Distributor also loses all rights to future sales commissions and/or bonuses and all other benefits associated with the activities of a Distributor and his or her sales organisation.


(2) Voluntary Termination

A Distributor may voluntarily terminate his or her Distributor status by sending a written notice to INDIGO stating that he or she is terminating his or her Distributor status. Voluntary termination is effective upon receipt of such notice by the INDIGO Home Office. A Distributor who voluntarily terminates his or her distributorship may re-apply for a new distributorship six (6) months after the date of voluntary termination.

 

(3) Partnership and Husband/Wife Account

If the distributor’s main account is shared with his/her husband/wife or other business partners, violation of one of the partners will suffice enough ground for possible termination of the distributor’s main account.

(VI) GENERAL PROVISIONS

(1) Bonus and Commission Pay Period

All bonuses and commissions are paid on the 5th week after the last closing month by cheque. Any commission, bonus, refunds or monies payable to a Distributor will be forfeited if the cheques remain uncollected six (6) months after the date of issue of the cheques.


(2) Activity Level Requirement

Distributors must achieve at least thirty (30) BV worth of Monthly Personal sale to qualify for receiving commission.


(3) Record Keeping

INDIGO encourages all her Distributors to keep complete and accurate records of all their business dealings and transactions.

 

(4) Government Endorsement

The government does not approve of and endorse any network marketing business entity. Therefore, Distributors may not represent or imply, directly or indirectly, that the INDIGO Marketing and Compensation Plan has been approved or endorsed by any government departments.

 

(5) Change of Policy

INDIGO reserves all rights to change/amend her policy and procedures without prior notice at her sole discretion.

 


 

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