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Bod-e Pro® Customer Agreement

Welcome to Bod-e Pro, a unique company with nutritious products that are attracting a wide of array of customers with products that are easy to talk about and easier to sample. As a customer, you have the opportunity to refer one new customer and become and Influencer. In addition, as a customer, you also have the opportunity to participate in the company’s “Get Happy Program”, where if you refer two customers that purchase Bod•ē Happy in a calendar month, you get one free Happy next month (you only pay tax, shipping and handling). In referring customers for either of these two programs though, you will need to market the products in accordance with the policies and procedures set forth below.

1. Do I have to purchase products to become a Customer?

You do not have to purchase products to join Bod-e Pro.

2. If I decide to become an Influencer, what do I do?

To become an Influencer, you need to refer a new customer who purchases product , purchase an Influencer Starter pack for $29.95 and have agreed to the Company’s policies and procedures.

3. What is the Get Happy Program?

The Get Happy Program allows customers who refer two customers who purchase Bode Happy in a calendar month to receive 1 free Happy product the following month ( the customer will only pay tax, shipping and handling.)

4. Can a customer earn commissions and bonuses under Bode Pro’s compensation plan?

No. A Customer does not have an opportunity to earn commissions or bonuses, only Influencers can earn such amounts.

5. If I want to refer customers, how do I advertise Bod-e Pro products?

Bod-e Pro provides you with advertising materials that are pre-approved. These can be found at www.bodepro.com. This includes printed materials, audio/video recordings, and a Customer website. Your first choice should be to use these materials. If you want to create your own advertising and marketing materials they must be approved in writing by Bod-e Pro’s Compliance Department prior to use.

6. Can I advertise Bod-e Pro products on social media?

Yes, but you must use the Company’s pre-approved marketing materials or the content must be approved by the Compliance Department

7. Are there special rules for using social mediation to promote the products?

Yes. Social media’s strength is in its ability to provide you with the opportunity to participate in interactive discussions and build relationships. If you choose to participate in social media, please be careful. It is too easy for unauthorized product claims to inadvertently end up on social media, which are then rapidly spread throughout the internet. To minimize these risks Bod-e Pro expects you to adhere to the social media policies.1

8. Can I use the internet to advertise Bod-e Pro products?

Yes, but only through Bod-e Pro provided websites. Personal websites cannot contain information on Bod-e Pro products, services or opportunities. You may link your personal website to your Customer website with written approval from the Compliance Department.₂

9. Can I create my own smart phone “app” for my business?

No, you cannot create or promote any type of app to refer customers. .

10. Can I create my own audio or video recordings to advertise my Bod-e Pro products.?

No, you cannot create, publish or use any live or recorded video or audio material, in any medium, for the purpose of presenting or introducing its products, services opportunity or commission plan without corporate approval. You cannot record speeches, conference calls, or other presentations by Bod-e Pro speakers, endorsers, corporate officers or employees.₃

11. Can I use audio and video recordings provided by Bod-e Pro?

Yes. If you are using YouTube or any other similar site, you must link to our site only as Bod-e Pro will often add and refresh videos to give you the most up to date information relating to our business. Videos may not be altered or edited.₃

12. Can I create my own marketing materials such as flyers, brochures, CDs, and videos for sale?

No. The use of such marketing pieces is prohibited unless you receive prior, written approval from the Compliance Department.

13. Can I sell my own marketing materials such as flyers, brochures, CDs and videos at any company hosted event?

No. You cannot sell any marketing pieces at a company hosted event unless you receive prior, written approval from the Compliance Department.

14. Can I use testimonials/endorsements to advertise Bod-e Pro’s opportunity and products?

Yes, you can use company approved testimonials or they must be pre-approved in writing by the Bod-e Pro Compliance Department.₄

15. Since it is my own personal testimonial do I still have to get pre-approval?

Yes, it doesn’t matter whose testimonial it is, you must get prior approval from the Compliance Department. The Food and Drug Administration makes it clear that you cannot make claims that a product can prevent, diagnose, treat or cure any disease and testimonials are considered product claims. The Federal Trade Commission also has specific guidelines on how to use testimonials in advertising.₄

16. Can I use telemarketing to sell or promote my Bod-e Pro business?

No. You may not use telemarketing for your Bod-e Pro business. This includes automatic calling devices.₅

17. Do I need consent to send emails/texts/SMS/Social media messages to potential customers in Canada?

Yes, Canada’s Anti-Spam Legislation (CASL) requires verbal, written or electronic consent before you can send any type of electronic message. You must keep a record of the consent. If you have consent to send an email, you must include your mailing address and contact information (email, telephone, web address) in the email and indicate that the recipient can request that they not receive any further emails from you.

18. In Canada, can I send an email based on a referral from someone?

Yes, you can send one email based on a referral if you have a relationship with the person making the referral, and the person making the referral has a relationship with the recipient of the message. You must provide the full name of the referrer and the fact that the message is being sent as the result of the referral in the email. You must also include your address and contact information (email, telephone, web address) in the email.

19. What claims can I make about Bod-e Pro products?

We provide you with the approved claims that can be made about the Bod-e Pro products. No other claims can be made by you. Further, you can’t claim that Bod-e Pro products can be used in the treatment, prevention, diagnosis, or cure of any disease. For example, you cannot claim that consuming any Bod-e Pro products will help treat diabetes, heart disease, cancer, or any other disease or health condition.

20. Can Bod-e Pro change these Terms and Conditions?

Yes. Because the business environment changes from time to time, Bod-e Pro has the right to make changes to these Terms and Conditions. If you decide to continue to be an Customer after changes to the Terms and Conditions, you agree to these changes.

21. How will I be notified of changes in the Bod-e Pro Terms and Conditions?

We will post changes to the Terms and Conditions on Bodepro.com, which means that you will need to check the website regularly. Bod-e Pro will send e-mails and put notices in your Back Office for important changes. Changes to the Dispute Resolution Policy will not apply to a dispute we know about on the effective date of the change to the Dispute Resolution Policy. ₁₄ If we decide to modify or terminate the Dispute Resolution Policy, this change to the Dispute Resolution Policy will not be effective until 30 days after notice of the change to the Dispute Resolution Policy is posted on Bodepro.com.

22. Will Bod-e Pro make exceptions to these Terms and Conditions?

In rare situations involving unusual circumstances we may make an exception to the Terms and Conditions, but that does not mean we lose the right to require you to comply with the Terms and Conditions in the future. Whether to make an exception is solely the decision of Bod-e Pro, and any exception must be in writing and signed by an officer of Bod-e Pro.

23. What happens if I am disciplined, suspended or terminated by Bod-e Pro?

You will be notified in writing of the disciplinary action, suspension or termination.₆ Correspondence will be sent via e-mail, unless an email address is not on the account. If there is no e-mail address listed then a letter will be sent via regular mail or certified mail.

*You will have the opportunity to appeal the disciplinary action, suspension or termination.

*Corporate will review your appeal and take action depending on the violation

*If you are suspended or terminated, you must stop all Bode Pro related activities. This includes activities by your family members or others who are in the business with you living in your household.

*If you are suspended or terminated, your participation in the Get Happy program will stop, starting on the date in which the suspension or termination occurred..

*You cannot re-apply to be an Influencer if you are terminated unless approved by Bod-e Pro Corporate.

Endnote 1. Social Media. Social media must be used for meeting notifications and product notifications only. Social media sites may not contain product claims, , testimonials or advertising materials.

a. Social media etiquette

i. All communication must be accurate, respectful, professional and honest.

ii. Do not use copyrighted material without written permission.

iii. Do not post anything that Bod-e Pro, other Influencers, customers, suppliers, or vendors would find offensive, including pornography, ethnic slurs, obscenity and sexist or discriminatory comments.

iv. Do not post anything related to Bod-e Pro, other Influencers, or customers without written permission, including without limitation, their address, email address or other personal data.

Social media includes social networks such as Facebook, Twitter, and Google+; image services such as Instagram, Pinterest and Flickr; video sites such as Youtube, Periscope, and Snapchat; and blogging sites such as Blogger, LiveJournal, Wordpress and Tumblr.

Endnote 2. Websites. The Bod-e Pro provided website is the only authorized website in which Customers are allowed to promote Bod-e Pro products.
Linking policy. If a Customer chooses to link his/her Customer website, he/she must follow this linking policy.

The links must not:

a. Imply that Bod-e Pro endorses the websites content

b. Use any Bod-e Pro intellectual property, unless provided by Bod-e Pro

c. Contain content or material that could be construed as illegal, offensive, pornographic, or distasteful

d. Include false or misleading information about Bod-e Pro or the Bod-e Pro products, opportunity, commission plan

e. Misrepresent any relationship with Bod-e Pro

f. Operate in violation of any applicable federal, state, provincial, district, territorial, or local law, rule or regulation

g. Contain content that violates or infringes upon the copyright, trademark, trade name, patent, literary, intellectual, artistic or dramatic right, right of publicity, or privacy of any other right of any entity or persons or contain material that is disparaging or libelous

h. promote the products or opportunity of any other direct selling company

Search Engines. continues to ensure that the company websites appear high in the search results so that customers can find our products and opportunity. The design of Customer websites does not allow an individual Customer to register with search engines; however, Customers can use paid listings. Paid listing results, which are usually identified as “sponsored Links” or “Sponsored Sites” can be utilized by an Customer. The headline of the paid listing and the keywords cannot contain Bod=e Pro intellectual property, however they can contain generic statements such as “nutritional beverages,” or “healthy energy drinks,” and/or “weight loss” so long as those statements are in accordance with the laws where the Customer resides.

Endnote 3. Videos and Audio Messages. Bod-e Pro Customers cannot create, publish, produce, use or maintain, directly or indirectly, any live or recorded video or audio material, in any medium, for the purpose of presenting or introducing, its products .
Endnote 4. FTC Guidelines. Concerning the Use of Testimonials and Endorsements.

The Federal Trade Commission has established guidelines that offer practical advice on endorsements and testimonials by consumers, celebrities and experts, Guides concerning the Use of Testimonials and Endorsements, https://www.ftc.gov/news-events/press-releases/2009/10/ftc-publishes-final-guides-governing-endorsements-testimonials. All endorsements and testimonials must reflect the honest, accurate experiences of the endorser. Endorsements and testimonials may not contain representations that would be deceptive, or could not be substantiated. You must have adequate proof and/or scientific evidence to back up the endorsement/testimonial that the results shown are typical and clearly and conspicuously disclose the generally expected performance in the circumstances shown for the endorsement/testimonial. Simply stating that “Results not typical” or individual results may vary” is not enough.

Endnote 5. Telemarketing-Telephone/Fax/Computer Solicitation. Customers must comply with the Telephone Customer Protection Act (TCPA) including but not limited to the Federal Communications Commission (“FCC”) prohibition against unsolicited telephone marketing calls, faxes, and text messages. Federal and State laws severely restrict, and in some cases prohibit, certain types of telemarketing, including the initiation of telephone calls or messages to encourage the purchase of goods or services. The law prohibits or restricts live calls, prerecorded or artificial voice messages, and the use of automatic telephone and fax dialing machines (“autodialers”). In this regard, the following must be followed:

a. Autodialers. Customers may not use autodialers to offer Bod-e Pro products, or the earnings opportunity.

b. Prerecorded or artificial voice messages. Customers may not use prerecorded or artificial voice messages to offer Bod-e Pro products, or the earnings opportunity, unless: (a) you have an established business relationship with the recipient, or (b) you have obtained the prior express consent of the recipient to the use of such prerecorded or artificial voice messages.

c. Unsolicited faxes & unsolicited e-mail messages. Customers may not send a fax message, an e-mail message or text message to anyone with whom you do not have an established business relationship, or who has not given you prior express permission to send them a fax or text message.

d. Do Not Call Lists. Customers may not contact, either by telephone or by fax, any person or entity whose telephone number is on any government sponsored “Do Not Call” list, unless one of the FCC’s exemptions is applicable to the specific person or entity. You must also maintain your own “Do Not Call” list that records the number(s) of any person or entity that requests that they not be contacted by you. Furthermore, you must maintain a written policy governing the “Do Not Call” list, and all personnel engaged in telephone solicitation on your behalf must be trained in the existence and use of the list. It is your responsibility to consult with your attorney to determine the requirements of federal and any state laws relating to “Do Not Call” lists, and to comply with those requirements.

e. Further restrictions. Federal law requires that any person or entity making a telephone solicitation must, at the beginning of the message, provide the called party with the name of the individual caller and the name of the person or entity on whose behalf the call is being made. The person or entity on whose behalf the call is made must also provide a telephone number or address at which such person or entity may be contacted. In addition, no calls may be made before 8:00 a.m. or after 9:00 p.m. (local time at the called party’s location).

f. Electronic Communications. The CAN-SPAM Act of 2003, a federal law that governs the use of email messages to advertise or promote a commercial product or service, including content on an Internet website operated for commercial purposes, applies to all Customers who promote the sale of Bod-e Pro products or the earnings opportunity by sending email, regardless of whether the Customer has a pre-existing business or personal relationship with the recipient. Failure to obey the requirements of the CAN-SPAM Act could result in criminal and civil enforcement actions, imprisonment and severe financial penalties. Customers may not send unsolicited commercial email or unsolicited bulk email (spam). Customers are prohibited from sending messages unless the Customer has a prior existing business or personal relationship with the recipient; or the recipient has provided prior affirmative consent to receive the message. “Prior existing business relationship” means a relationship formed by a voluntary, two-way communication between the Customer and the recipient based on the recipient’s prior purchase, transaction, or inquiry. “Personal relationship” means a relationship based on the recipient’s status as a family member, friend or acquaintance with respect to the Customer. “Affirmative consent” means that the recipient has expressly consented to receive the message, either in response to the Customer’s clear and conspicuous request for such consent or at the recipient’s own initiative. Consent must specifically address receipt of messages regarding Bod-e Pro products or the earnings opportunity. It is the Customer’s responsibility to ensure his or her compliance with all laws and regulations.

Endnote 6. Progressive Discipline Policy and Appeal Process. Bod-e Pro has adopted a progressive discipline policy (“Discipline Policy) to identify and address violations of these Terms and Conditions by Customers. The Discipline Policy applies to any and all Customer conduct that Bod-e Pro, in its sole discretion, determines must be addressed by discipline. Bod-e Pro need not resort to progressive discipline, but may take whatever action it deems necessary to address the issue at hand. The Company takes a comprehensive approach regarding discipline and will attempt to consider all relevant factors during the following progressive disciplinary process:
Warning Letter. A Customer will be given a written warning when he or she engages in conduct involving a violation of the Terms and Conditions. Examples of such violations include but are not limited to:

• Minor non-compliant product claims

• Erroneous or misleading testimonials made without the required accompanying disclosures

• Advertising/marketing pieces without prior approval

• Unapproved use of Celebrity endorsements

As the first step in the progressive Discipline Policy, a written warning is meant to alert the Customer that a violation exists that must be addressed. A written warning remains in effect for 10 business days. If the violation is not corrected within 10 business days, Bod-e Pro will move to the next level of discipline which is suspension.

Suspension. Suspension may be imposed immediately when an Customer engages in conduct involving a serious violation of the Terms and Conditions, which, if proven, would warrant termination. Examples of such violations include but are not limited to:

• Flagrant non-compliant product claims (e.g. cures cancer, diabetes, heart disease).

• Theft from customers

• Credit card fraud

• Recruiting for other MLM’s

• Cross recruiting

• Repetitive violations of the Terms and Conditions

• Threats to employees or others

• Inappropriate or illegal behavior

• Repeat offenses for product claims

• Unapproved websites, unapproved videos

• Unapproved social media posts

A fine will also be imposed when a Customer’s account is suspended. The fine may be released after 90 days if the violation is corrected at the discretion of Bod-e Pro. Fines that are forfeited will go will be applied to pay for legal fees and/or costs incurred in relation to the violation.

The suspension will remain in effect for a reasonable period of time for Bod-e Pro to investigate the violations. Customers cannot purchase product while suspended. Following the investigation, Bod-e Pro Compliance will implement one of the following:

• Close the case and reinstate the Customer

• Send a warning letter with a provision that if another violation occurs, the Customer will be immediately terminated.

• Fine the Customer without the right of release of the fine.

• Termination

If the matter is resolved Bod-e Pro may reinstate the account once the Customer has signed a reinstatement agreement outlying the terms of the reinstatement. If the matter is not resolved Bod-e Pro will move to the next level of discipline which is termination.

Termination. Termination is imposed when the Customer’s conduct involves a serious violation of the Terms and Conditions or fails to resolve an issue they have been notified of previously via a warning letter or a suspension letter. Examples of such violations include but are not limited to:

• Flagrant non-compliant product claims (e.g. cures cancer, diabetes, heart disease)

• Theft from customers

• Credit card fraud

• Repetitive violations of the Terms and Conditions

• Threats to employees or others

• Inappropriate or illegal behavior

• Repeat offenses for product claims

Customers that are terminated will be subject to a permanent revocation of all privileges associated with being a Bod-e Pro Customer, including but not limited to the loss of:

• The right to purchase Bod-e Pro products;

• The right to hold oneself out as a Bod-e Pro Customer; and

• Access to the Customer’s account and Bod-e Pro Customer website.

Bod-e Pro will also have the right to commence legal proceedings for monetary and/or equitable relief in situations deemed appropriate.

Bod-e Pro will generally take disciplinary action in a progressive manner, but it reserves the right, in its sole discretion, to decide whether and what disciplinary action will be taken in a given situation, including the right to proceed to a fine, suspension or termination without the need to impose other disciplinary steps, depending on the severity of the violation.

Appeal Process. A Customer may appeal any final disciplinary decision of Bod-e Pro Compliance, except for a warning letter.

If a Customer wishes to appeal the disciplinary decision of Bod-e Pro Compliance they can send their written appeal to Bod-e Pro Compliance Department via mail, overnight mail or email (compliance@BodePro.com). The written appeal must be received by Bod-e Pro within 10 business days of Bod-e Pro’s final disciplinary decision notification to the Customer. Customers and Bod-e Pro will not be represented by an attorney during the appeal process.

The Appeal will be reviewed and decided upon within 10 business days of receipt of the written appeal. Written notice of the final decision will be made within 10 business days and will be sent by Bod-e Pro Compliance.

Dispute Resolution / Waiver of Jury Trial

If a dispute arises relating to any relationship, contractual or otherwise, between or among Bod-e Pro, its Customers, officers, employees, distributors or vendors, or arising out of any products or services sold by Bod-e Pro, the parties agree to attempt in good faith to resolve any such dispute in an amicable and mutually satisfactory manner.

In the event such efforts are unsuccessful for any reason, either Party may serve a notice of arbitration ("Notice of Arbitration") on the other Party. Notice of Arbitration shall be personally delivered or sent by prepaid registered mail, or by means or such other delivery service evidenced by verified receipt of the addressee, and shall be effective on receipt thereof by the Party to whom it is addressed. Proof of receipt shall be a receipt signed by the addressee, or any officer or responsible official of the Party if the addressee is an entity. The Notice of Arbitration shall be dated, and, without prejudice to any right under the applicable rules permitting subsequent modifications, shall specify the claims or issues which are to be arbitrated. The Parties shall schedule an arbitration to occur in Maricopa County, Arizona, U.S.A. within 45 days of service of receipt of the Notice of Arbitration.

THE PARTIES SPECIFICALLY AGREE THAT IN ORDER TO PROMOTE TO THE FULLEST EXTENT REASONABLY POSSIBLE A MUTUALLY AMICABLE RESOLUTION OF THE DISPUTE IN A TIMELY, EFFICIENT AND COST-EFFECTIVE MANNER, THEY WILL WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY AND SETTLE THEIR DISPUTE SOLELY BY SUBMITTING THE CONTROVERSY TO BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“A.A.A.”) THEN IN EFFECT, EXCEPT THAT (i) ALL PARTIES SHALL BE ENTITLED TO ALL DISCOVERY RIGHTS ALLOWED UNDER THE FEDERAL RULES OF CIVIL PROCEDURE.

The Parties shall attempt to select a mutually agreeable arbitrator from A.A.A.'s Panel of Arbitrators. If an arbitrator is not selected by agreement within ten (10) days of the first written notice of intent to mediate/arbitrate, a mediator/arbitrator shall be selected in accordance with the Commercial Rules of the A.A.A.

The Arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §1 et. seq., and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction to enter the judgment. Either Party may elect to participate in the arbitration telephonically. Any substantive or procedural rights other than the enforceability of this Dispute Resolution Policy shall be governed by Arizona law, without regards to Arizona's conflict of laws principles.

The Parties agree that any arbitration proceeding will be conducted on an individual, not a class-wide, basis, and that any proceeding between the Parties may not be consolidated with another proceeding between one of the Parties and any other entity or person. THE PARTIES SPECIFICALLY WAIVE ANY RIGHT TO CLASS-WIDE TREATMENT OF ANY CLAIM COVERED BY THIS DISPUTE RESOLUTION POLICY.

The Parties further expressly agree that (i) the arbitrator shall only reach his decision by applying strict rules of law to the facts, (ii) the arbitration shall be conducted in the English language, in Maricopa County, Arizona, (iii) the Party in whose favor the arbitration award is rendered shall be entitled to recover all costs and expenses of the arbitration including, but not limited to, attorneys' fees, expert or other professional fees, and the cost and expense of administration of the arbitration proceedings, and any costs and attorney's fees incurred in executing on or enforcing the arbitration award, and (iv) the arbitral award shall be issued in Maricopa County, Arizona, U.S.A.

The Parties, AAA, and the arbitrator shall maintain the confidentiality of the entire arbitration process and may not disclose to any other person not directly involved in the arbitration process: (i) the substance of, or basis for, the controversy, dispute, or claim; (ii) the content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in the arbitration; or (iii) the terms or amount of any arbitration award. AAA and the arbitrator shall have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary.

Except as provided in the following sentences, no party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter shall have been submitted and determined as provided herein and then only for the enforcement of such arbitration award. Provided that, notwithstanding this dispute resolution policy, either party may apply to a court of competent jurisdiction in Maricopa County, Arizona, to seek injunctive relief before or after the pendency of any arbitration proceeding. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration. Judgment upon the award may be entered by the United States District Court or Maricopa County Superior Court located in the State of Arizona, or application may be made to such court for the judicial acceptance of the award and order of enforcement, as the case may be, if the Arbitrator's award or decision is not complied with within seven (7) days of the Arbitrator's decision.

Arbitration in accordance with the terms of this Dispute Resolution Policy shall be the sole and exclusive procedure for resolution of disputes between the parties, including any disputes that might arise after termination of this Agreement.

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