Origin: a Latin derivative
meaning "Gift of the Earth."
A. Company Defence of Claims. Subject to the limitations set forth in this provision, dōTERRA shall defend Wellness Advocates (WAs) from claims made by third-party customers alleging injury from use of a product, or injury due to a defective product to the extent required by law. WAs must immediately notify the Company in writing of any such claim, no later than one (1) day from the date of the third party claimant’s letter or other form of communication alleging injury. Failure to so notify the Company shall alleviate any obligation 28 | Page dōTERRA New Zealand POLICY MANUAL 2017 of the Company respecting such claim. WAs must allow the Company to assume the sole and absolute discretion respecting the defence of the claim, and use and choice of counsel as a condition to the Company’s obligation to defend them.
B. Exceptions to Indemnification of the WA. The Company shall have no obligation to indemnify a WA under this Section to the extent that the liability arises as a result of an act or omission of the WA including if: 1. The WA has not complied with the Contract respecting obligations and limitations covering the distribution and/or sale of the products; or 2. The WA has repackaged, altered or misused the product, made claims or given instructions or recommendations respecting the use, safety, efficacy, benefits or results, which do not comply with the approved literature of the Company; or, 3. The WA settles or attempts to settle a claim without the Company’s written approval.