Origin: a Latin derivative
meaning "Gift of the Earth."
A. Binding Effects and Continuing Benefits. The Contract shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
B. Transfer of a Distributorship Position. Except as otherwise noted in this Policy Manual a Wellness Advocate may dispose of, sell, transfer, or otherwise assign his or her Distributorship assets in any manner allowed by the Contract and applicable law (including sale, gift, or bequest) with the prior written consent of the Company. Any assets that take the form of claims to compensation or satisfaction of contractual obligations, from or by the Company, will not be recognized as assets of the transferee on the records of the Company until the Company has received written notification of the transfer and has given its formal written approval. The Distributorship transferred is subject to all remedial measures under the Contract that may have arisen prior to the transfer.
C. Distributorship Succession. In the event that a Wellness Advocate dies or becomes incapacitated, that Wellness Advocate’s organization will pass to the Wellness Advocate’s legal successors under the appropriate laws. Successors should promptly notify the Company in writing of such an event and provide the proper documentation.
D. Operation of the Distributorship During Succession. During the pendency of a divorce or entity dissolution, the parties must adopt one of the following methods of operation:
E. Distributorships are Indivisible. Under no circumstances will the Organization of divorcing spouses or a dissolving business entity be divided. Similarly, under no circumstances will the Company split Bonus checks between divorcing spouses or Wellness Advocates of dissolving entities. The Company will recognize only one Organization and will issue only one bonus check per Distributorship per commission cycle. Checks shall always be issued to the same individual or entity. In the event that parties to a divorce or dissolution proceeding are unable to resolve a dispute over the disposition of bonuses and the ownership of the business, the Wellness Advocate may be involuntarily canceled.
F. Court Proceedings. Wellness Advocates involved in court proceedings over the ownership or the management of a Distributorship are under obligation to inform the Court that the Distributorship is indivisible, and that the Company will not divide an Organization or bonus checks. The final order must expressly assign ownership of the Distributorship.
G. Waiting Period to Sign Up Again. If a former spouse or a former entity Wellness Advocate has completely relinquished all rights in their original Distributorship, they are thereafter free to enroll under any sponsor of their choosing, so long as they meet the waiting period requirements set forth in Section 21.B.2In such case, however, the former spouse or partner shall have no rights to any Wellness Advocates in their former organization or to any former customers or PMs. They must develop the new business in the same manner, as would any other new Wellness Advocate.