Independent BIOMAURA

Distributor Agreement

U.S.

 

 

This Independent BIOMAURA Distributor Agreement ( Advisor Agreement ) is entered into by and between BIOMAURA INC ( BIOMAURA or  Company ) and the Independent BIOMAURA Advisor ( BIOMAURA Advisor or  Advisor or Distributor ) as of the date the Advisor provides its electronic acceptance through BIOMAURA’ s website or by otherwise applying a signature (any such method of acceptance being an Acceptance). By entering into this Advisor Agreement, the Advisor confirms that he/she/it will be bound by all terms and conditions incorporated into this Advisor Agreement, as further defined below. In addition, throughout the Advisor Agreement, BIOMAURA and the Advisor are sometimes individually referred to as a Party and collectively as Parties.

 

1.                 DEFINITIONS

As used in this Agreement, the following definitions shall apply:

a.    “Agreement” shall mean this Agreement between COMPANY and ADVISOR

b.   “BIOMAURA Branding” shall mean any trademark, logo, color and style guide, or slogan owned by and / or referring to COMPANY.

c.    “BIOMAURA InTouch” shall mean the web accessible system provided to DISTRIBUTOR for managing DISTRIBUTOR’s relationship and managing DISTRIBUTOR’s account with Company.

d.   “BONUS(ES)”: shall refer to compensation to Distributors associated with the sale of product, company performance and or special incentives.  Said compensation is earned after the final assessment of all chargebacks and returns have been assessed against them and only upon payment.

e.    “Confidential Information” shall mean all non-public, proprietary, or sensitive information, in any form or medium, disclosed by Company to Advisor, or otherwise obtained by Advisor, that relates to the business, operations, products, services, customers, suppliers, pricing, marketing strategies, forecasts, technical data, trade secrets, financial information, business plans, or any other information that Company designates as confidential. Confidential Information shall not include information that: (a) was already known to Advisor without restriction before disclosure by Company; (b) is or becomes publicly available without breach of this Agreement by Advisor; (c) is lawfully obtained from a third party without obligation of confidentiality; or (d) is independently developed by Advisor without use of or reference to the Confidential Information. Advisor agrees to protect all Confidential Information with the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care, and shall not use, disclose, or allow access to Confidential Information except as necessary to fulfill the purposes of this Agreement or as expressly authorized in writing by Company.

f.     “Client(s)” and or “Customer(s)” shall mean persons or entities who buy product through DISTRIBUTOR for their own personal or commercial use

g.    “Effective Date” shall refer to the date on which Advisor signifies acceptance of this Agreement via electronic signature.

h.   “Renewal” shall refer to the time at which this Agreement is renewed between the DISTRIBUTOR and Company.  Said Renewal occurs automatically by way of DISTRIBUTOR making a monthly payment via credit or debit card through BIOMAURA Connect

i.     “Products” shall refer to any commercially viable product being sold by Company.

j.     “Distributor” shall mean the business entity, person or entity otherwise identified in this document as entering this Agreement with Company, the term “Distributor” shall be synonymous with the term “Advisor” and/or “BIOMAURA Independent Advisor” and/or “Subcontractor”.

k.    “Product Credit” shall refer to a unit based Biomaura payment type by which a customer or distributor may pay partially or in full for designated as “Product Credit” eligible Biomaura items as designated by Biomaura. 

l.     “Business Credit” shall refer to a unit based Biomaura payment type by which a customer or distributor may pay partially or in full for designated as “Business Credit Eligible” Biomaura items as designated by Biomaura

 

2.                 COMPANY ACCEPTANCE

I understand that BIOMAURA reserves the right to reject the application of any prospective Advisor at its sole discretion.

 

3.                 ADVISOR IS FULLY SUFFICIENT AND FULLY INDEPENDENT

Advisor represents that it has the skill and expertise in marketing Company Products and, if required, has sufficient qualified staff and sufficient financial resources to carry out all of Advisor’s obligations under this Agreement including the obligations for providing primary support to Clients.

a.    Advisor certifies that they have the legal right to engage in this Agreement

b.   Advisor understands that, if Advisor is unable to certify any of the aforementioned statements, Advisor is ineligible to be an BIOMAURA Advisor and that BIOMAURA may terminate this Advisor Agreement and independent business without liability or penalty.

c.    All Parties acknowledge that any expenditures or commitments executed or otherwise incurred by either Party are made at the risk of the Party making such expenditures or commitments.  Advisor agrees that it shall be responsible for its own expenses and costs under this agreement and that Company shall have no obligation to reimburse Advisor for any expenses or costs incurred by Advisor in the performance of Advisor’s duties hereunder.

d.   Advisor agrees that as an BIOMAURA Advisor, Advisor is a NON-EMPLOYED INDEPENDENT CONTRACTOR, i.e. an independent business, and not an employee, partner, legal representative, or franchisee of BIOMAURA.  ADVISOR UNDERSTANDS THAT ADVISOR SHALL NOT BE TREATED AS AN EMPLOYEE OF BIOMAURA FOR FEDERAL OR STATE TAX PURPOSES. BIOMAURA is not responsible for withholding, and shall not withhold or deduct any amounts from any compensation I receive from Company.

e.    Advisor understands that nothing in this agreement authorizes Advisor to act as a legal representative or agent of Company for any purpose.  Advisor shall refer to itself as an “Independent Biomaura Advisor”.  Advisor shall not have the power to bind Company with respect to any obligation to any third party, and will make this fact clear to all prospects and Customers. 

f.     Advisor understands that any and all payroll, income, or other taxes of any kind are required to be paid in association with Advisor’s business, Advisor shall be solely responsible for their payment.

g.    Advisor understands that as an independent Distributor, they are not entitled to workers compensation or unemployment security benefits or any vacation, group medical or life insurance, disability, profit sharing or retirement benefits, or any other fringe benefits or benefit plans offered by BIOMAURA. Any persons employed or engaged by Advisor in connection with the performance under this Advisor Agreement shall be Advisor’s employees or contractors and Advisor shall be fully responsible for them and Advisor hereby indemnifies the Company against any and all claims made by or on behalf of any such persons.

 

4.                 GRANT OF LICENSE TO MARKET: 

During the term of this Agreement Company designates Advisor as a non-exclusive Distributor of BIOMAURA products and services; meaning, Advisor is only responsible for marketing Company’s products and services and directing Customers to purchase products and services directly from Company.  This Agreement does not grant the right to formulate or otherwise reverse engineer and/or manufacture any of Company’s products.  Advisor’s “Grant of License” (“Grant”) is limited to the terms and conditions of this Agreement and the associated BIOMAURA Policies.

 

Advisor accepts the Grant, in accordance with the Company’s Policies and Procedures, and agrees to use its best efforts to communicate the features, benefits, pricing and availability of the Products to potential Clients in Advisor’s ordinary course of business.

 

5.                 RECRUITMENT AND ENROLLMENT

Advisor accepts the right to recruit and enroll applicants to become Independent Distributors of Company.  However, Company maintains the sole right to approve and or reject such recruited Distributors and ultimately the relationship between any individual Distributor and BIOMAURA is a direct contractual relationship between the Distributor and BIOMAURA and remails an asset of BIOMAURA.

 

6.                 COMPENSATION

Advisor will be eligible to earn compensation pursuant to the BIOMAURA SUCCESS PLAN

 

7.                 COMPANY POLICIES & PROCEDURES

Advisor understands that the Company Policies, the Procedures, the BIOMAURA Success Plan, the Dispute Resolution Agreement, and any applicable addenda to these terms and conditions, are incorporated into and made a part of the terms and conditions of this Distributor Agreement. Advisor further understands that once implying agreement to this Contract/Agreement, WHETHER OR NOT THE ADVISOR HAS FULLY REVIEWED THE AGREEMENT, Advisor is entering a binding agreement upon execution via signifying agreement by way of clicking the agreement statement presented online, otherwise known as a “Click Wrap Agreement”. 

 

If Advisor does not agree to the Policies or any other provisions of the Advisor Agreement, Advisor’s sole recourse is to notify the Company and cancel Advisor’s Agreement IMMEDIATELY UPON IDENTIFYING ANY DISAGREEMENT. Failure to cancel constitutes Advisor’s full acceptance. Advisor understands that they must be in good standing, and not in violation of the Advisor Agreement, to be eligible for compensation from Company.

a.     Advisor understands that the Advisor Agreement may be amended at the sole discretion of the Company at any Renewal and Advisor agrees to abide by all such Amendments (Amendments). Amendments shall be posted in BIOMAURA INTOUCH by way of a new version of this agreement being posted. Amendment(s) shall become effective after being posted in BIOMAURA INTOUCH but amended Policies shall not apply retroactively to conduct that occurred prior to the Effective Date of the Amendment. The continuation of Advisor’s BIOMAURA relationship under this Agreement after having logged into Biomaura InTouch or after Advisor receives any payment of funds after the posting of any Amendment to this Agreement shall constitute Advisor’s acceptance of any and all Amendments.

 

8.                 EFFECTIVE DATE & RENEWAL

 

This Agreement shall take effect on the Effective Date. Unless this Agreement is terminated for cause by either Party, the term of this Agreement shall be for one calendar month and shall be automatically renewed successively in each subsequent calendar month thereafter. Distributors may opt out of the automatic renewal at any time by submitting a cancellation request through the Distributor portal or by contacting Company at GetHelp@BIOMAURA.com. Cancellations must be submitted two (2) business days prior to the renewal date. For Distributors residing in states with specific consumer protection laws regarding automatic renewals, the terms of this section shall be adjusted to comply with such laws. Please refer to the relevant state-specific terms available in the BIOMAURA Policies and Procedures.

 

9.                 CONFIDENTIALITY

Advisor agrees to maintain the confidentiality of all Confidential Information and to use such information solely for purposes of fulfilling its obligations under this Agreement. Advisor shall not disclose or permit access to any Confidential Information to any third party without the prior written consent of Company, except to Advisor’s employees or contractors who need to know such information to perform their obligations and who are bound by confidentiality obligations at least as restrictive as those in this Agreement. Advisor agrees to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information other than as expressly authorized by this Agreement. Upon termination of this Agreement or at the Company’s request, Advisor shall promptly return or destroy all materials containing Confidential Information and certify such return or destruction to the Company in writing.

 

10.              TERMINATION & CANCELATION

Upon termination of this Agreement, Advisor understands that they will permanently lose all rights as an Advisor under this Agreement.  Advisor further understands that upon termination they will lose all association with other Advisors and/or Customers they have personally recruited and/or enrolled or who have been recruited and enrolled through their lineage and will no longer receive any compensation whatsoever.

a.     Company reserves the right to terminate the Agreement without cause for any of the following reasons:

                    i.     Company ceases business operations

                   ii.     Company dissolves as a business

                  iii.     Company terminates distribution of Products via its DISTRIBUTOR program

b.     Advisor reserves the right to terminate the Agreement without cause for any reason.

c.      In addition to provisions authorizing termination of this Agreement, either party shall have the right to terminate this Agreement as a result of a material breach of the Agreement by the other party or its contractors or business partners that is not cured within five (5) calendar days after written notice to the other party.

d.     Both parties maintain the right to choose not to renew the Agreement at any renewal period.

e.     Upon termination of this Agreement, the license granted to Advisor by this Agreement shall be terminated immediately; Advisor shall make no further use of all or any part of any Confidential Information provided to Advisor by Company and Advisor agrees to IMMEDIATELY discontinue use of any and all BIOMAURA Branding.

f.      Maryland Residents: A Maryland resident may cancel his/her/its Advisor Agreement for any reason within three (3) months after the date of receipt of goods or services first ordered; upon cancellation, the Company shall repurchase the goods; and the repurchase price shall be at least 90% of the original price paid by the participant.

g.     Montana Residents: A Montana resident may cancel his/her/its Advisor Agreement within fifteen (15) days from the date of enrollment and may return his/her/its starter kit, if purchased, and any products he/she/it purchased for a full refund within such time period.

h.     Louisiana, Massachusetts, and Wyoming Residents: If you are a Louisiana, Massachusetts, or Wyoming resident and you cancel your Advisor Agreement, BIOMAURA will refund 90% of your purchase price for any administrative fees you have incurred during the current year upon receipt of your written request.

i.       Puerto Rico Residents: A Puerto Rico resident may cancel this Advisor Agreement at any time within ninety (90) days from the date of enrollment, or at any time upon showing the Company’s noncompliance with any of the essential obligations of the distribution contract or any act or omission by the Company adversely affecting the interests of the dealer in the development of the market of the properties or services. Your cancellation must be sent to the Company in writing and sent via registered mail. If you cancel under these conditions, the Company shall: (a) Reacquire the total of the products that you purchased from the Company which are in your possession and in good condition at a price of not less than ninety percent (90%) of their original net cost; (b) Return to you not less than ninety percent (90%)  of the original net cost of any services that you acquired from the Company; (c) Return 90% of any sum paid by you for the purpose of participating in the business.

j.       Advisor maintains the right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at GetHelp@BIOMAURA.com.

k.     Should the Agreement be cancelled by either Party, Advisor shall lose any and all rights to any additional compensation beyond what has already been paid to Advisor effective immediately.

 

11.              ASSIGNMENT OF RIGHTS UNDER THIS AGREEMENT

The rights granted to Advisor may only be transferred in the event of the death of the Advisor.  (Please see the BIOMAURA Policies and Procedures for instructions related to the transfer of rights as a result of death) Otherwise, BIOMAURA Advisor may not assign his/her/its rights under the Agreement without the prior written consent of Company. Any attempt to transfer or assign the Agreement without the express written consent of BIOMAURA will be considered cause for termination by Company.

 

12.           ENTIRE CONTRACT

The Advisor Agreement, in its current form and as amended by BIOMAURA at its discretion, (except for the Dispute Resolution Agreement, which may only be amended as set forth therein), constitutes the entire contract between BIOMAURA and Advisor. Any promises, representations, offers, or other communications not expressly set forth in the Advisor Agreement are of no force or effect.

 

13.           WAIVER & INVALIDITY

Any waiver by either Party of any breach of the Agreement must be in writing and signed by an authorized agent of the Party against which the waiver is asserted. Any waiver of a breach by a Party shall be a one-time waiver only and shall not operate or be construed as a waiver of any subsequent breach.

(a)   If any provision of the Advisor Agreement is held to be invalid or unenforceable, such provision shall be severed, and the severed provision shall be reformed only to the extent necessary to make it enforceable. The balance of the Advisor Agreement will remain in full force and effect.

 

14.           DISPUTE RESOLUTION

The Parties agree that any claim or dispute between them shall be resolved by arbitration administered by the FORUM under the Code of Procedure for Resolving Business-to-Business Disputes in effect when the claim is filed. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction within the State of Nevada. If arbitration is initiated by Distributor, all costs associated with initiating the arbitration, including hiring the arbitration judge, shall be the responsibility of the Distributor even if the claim is considered to be a claim related to a question of employment status.  AT NO TIME SHALL BIOMAURA BE RESPONSIBLE FOR INITIATION OR ONGOING ARBITRATION COSTS WHEN A CLAIM IS INITIATED BY THE DISTRIBUTOR. All other arbitration costs are to be shared by both Parties until a prevailing party is established by the arbitrator, at which point the prevailing party shall be reimbursed by the losing party for any and all costs incurred due to arbitration.

No Class Arbitration:
The Parties expressly agree that any dispute shall be conducted only on an individual basis, and that no class, collective, or representative claims shall be permitted in arbitration OR ANY OTHER JURISDICTION. The arbitrator shall have no authority to consolidate or join claims of different parties, nor shall the arbitrator have the power to preside over any form of a class, collective, or representative proceeding. Each party expressly waives any right to participate in or bring a class action or similar representative claim in any forum.

 

15.           GOVERNING LAW

The Advisor Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles.  All Parties to this agreement agree to being subject to North Carolina for personal jurisdiction and venue.

 

16.           LIABILITY

Advisor agrees to indemnify Company for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that Advisor undertakes in operating the business under this Agreement. Advisor covenants not to make or bring any such claim against Company or any other Advisor, and forever release and discharge Company and all other Advisors from liability under such claims whether known or unknown.

 

17.           GRANT OF NAME AND LICENSE

Advisor grants BIOMAURA an irrevocable license to reproduce and use Advisor’s name, photograph, recording, video, image, personal story, testimonial, and/or likeness (collectively Image) in its advertising or promotional materials, including but not limited to use in online forums, and Advisor waives all claims for remuneration for qa such use. Advisor further waives all rights to inspect or approve all draft, beta, preliminary, and finished images of Advisor used by Company.

 

 

BIOMAURA

OFFICIAL POLICIES

U.S.

 

SECTION 1 DEFINITIONS

 

Any definitions provided in the BIOMAURA Independent Distributor Agreement are also understood to be incorporated in this document.  The following definitions are in addition to those already defined in the Agreement.  Some definitions may be repeated in this document for easier reference only.  If something is not specifically defined below, the definition in the Agreement should be referenced and understood to be included herein.

 

1          The following definitions shall be applied to the BIOMAURA Policies.

1.1       “Agreement” shall refer to the BIOMAURA Independent Distributor Agreement, the BIOMAURA Policies, The BIOMAURA Procedures, the BIOMAURA Success Plan and the BIOMAURA Business Entity Addendum, the latter of which only applies when BIOMAURA Independent Distributors register as a Business Entity.

1.2       “Amendments” shall refer to any changes to this Agreement that are made by Company after the execution of the Agreement.

1.3       “BIOMAURA” shall refer to the Company as described in the BIOMAURA Distributor Agreement.

1.4       “BIOMAURA Connect” shall mean the web accessible system provided to Distributor for managing Distributor’s relationships with other Distributors and managing Distributor’s account with Company.

1.5       “BIOMAURA Independent Distributor” shall refer to the Party to this Agreement that is not the Company as described in the BIOMAURA Independent Distributor Agreement.  The BIOMAURA Independent Distributor may also be referred to the “BIOMAURA Independent Advisor” or “Advisor.”

1.6       “Household” is defined as Spouses and dependent children of one or both Spouse living in the same home.

1.7       “Lineage” shall mean the progressive network of relationships associated with an Advisor by way of Advisor recruiting and enrolling other BIOMAURA Independent Distributors.  As Advisor recruits other Distributors and those Distributors recruit additional Distributors, the inclusive group of all recruited Distributors who can be traced back to Advisor is referred to as the “Lineage” or “Advisor’s Lineage” or “Downline”.  Lineage, Downline, Advisor’s Downline and Advisor’s Lineage shall be considered synonymous and interchangeable.

1.8       “Parties” shall refer to the collection of both the Company and the Advisor, either of which may be independently referred to as “Party.”

1.9       “Volume” shall refer to a virtual allocation attributed to the sale or the collection of sales.  For example, a product selling for $18 may have 18 units of Volume.  A collection of sales may equate to $200 and have a collective Volume of 200. Volume can have types, i.e. personal volume, bonusable volume, downline volume kit volume, etc.  Each type of volume may have a different conversion strategy, i.e. 1:1 or 1:3, etc; but, they are all considered Volume for the purposes of this Agreement.

 

SECTION 2 GENERAL POLICIES

 

2          PROCEDURES & COMPENSATION ARE INCORPORATED INTO THE BIOMAURA DISTRIBUTOR AGREEMENT

The Policies and Procedures described in this document, the BIOMAURA Success Plan or BIOMAURA Success Plan and any Amendments are assumed to be natively part of the Agreement between the Company and Advisor.

2.1       AMENDMENTS:

Company reserves the right to amend this Agreement at its sole discretion. Any Amendments will be available to the Advisor in the BIOMAURA Connect. Amended Policies will not apply retroactively to activities that occurred prior to the Amendment. Company agrees to provide at least fifteen (15) days notice before affecting any changes. The acceptance of BONUS PAYMENTS by Advisor following the addition of an Amendment shall constitute acceptance of the Amendment.

2.2       SEVERABILITY

If any provision of the Agreement, in its current form, or as amended is found to be void or unenforceable, only the void or unenforceable portion(s) of the provision shall be severed from the Agreement and the remaining provisions shall remain in full force and effect.

2.3       NOTICES

Any notice or other written communication required under this Agreement shall be delivered personally, by email, by post within the BIOMAURA Facebook group, mail or posted in BIOMAURA Connect. Said communication will be considered delivered on the soonest of a) 3 days following the posting of the notice within the BIOMAURA Facebook group, b) when delivered personally or, if transmitted by email, one (1) day after the date on which it was sent, c) if mailed, five (5) days after the date on which it was sent to the address provided by the Advisor, or d) if posted in BIOMAURA Connect, upon the next login of Advisor into BIOMAURA Connect. It is the sole responsibility to maintain correct address, email address, phone number and other contact information on file with Company.

2.4       FORCE MAJEURE

Company shall not be responsible for delays or failure in performance caused by circumstances beyond its control, such as, but not limited to, labor difficulties, product shortages, fuel shortages, fire, war, natural disaster, inclement weather, pandemics, such as COVID, governmental order or any other condition that would prevent Company from fulfilling its obligations that are inherently beyond Company’s control. Such events shall constitute Force Majeure under the Agreement and Company shall carry no liability for its failure to deliver during such circumstances. Failure to perform during such events shall not constitute a breach of contract.

2.5       WAIVER

Should either Party fail to enforce any part of this Agreement, such failure to act shall not constitute a waiver of the rights and expectation defined in this Agreement. The Party failing to enforce any part of this Agreement may at any time choose to fully enforce those same parts without having sacrificed its right to do so.

 

SECTION 3 BECOMING A BIOMAURA INDEPENDENT DISTRIBUTOR

 

3          Becoming A BIOMAURA Independent Distributor is subject to each of the following parameters:

3.1       ELIGIBILITY

There are a few requirements to become an Independent BIOMAURA Advisor. The individual must:

(a)        be at least 18 years of age

(b)        have a valid Social Security Number or Federal Tax ID Number

(c)        have legal residence in the United States, a U.S. territory or U.S. military base. See the BIOMAURA Procedures for Details on Enrolling as an Independent BIOMAURA Advisor

3.2       COMPANY DISCRETION

BIOMAURA reserves the right to accept or reject any Advisor enrollment at its sole and absolute discretion.

3.3       ONE INDIVIDUAL PER BIOMAURA DISTRIBUTOR RELATIONSHIP

Unless Advisor is operating as an incorporated business or general partnership, there shall be only one (1) individual per BIOMAURA Independent Advisor Agreement. In the event Advisor is operating as an incorporated business or general partnership, Advisor must join as a Business Entity and will be subject to all policies related to Business Entities within the Agreement.

3.4       HOUSEHOLD POLICY

Advisors may own, operate, control, or have interest in only one DISTRIBUTOR relationship with Company; however, multiple people living in the same Household may enter into separate Agreements with the Company.

3.5       COUPLES

Couples that are married or joined in another legal union and who wish to become BIOMAURA Independent Advisors are required to operate as a single business under a single Social Security Number or Federal Tax ID Number unless each Spouse desires to operate their own independent business, in which case each individual Spouse must maintain a separate contractual relationship with the Company either as an individual or as a business. If the Spouse of an existing Advisor wishes to become A BIOMAURA Independent Advisor and work together with the Spouse who is already operating as an Independent Advisor, the Spouse who wishes to join BIOMAURA with their Spouse must agree to the terms and conditions of the BIOMAURA Independent Advisor Agreement and then can be added to the Spouse’s existing BIOMAURA Independent Advisor. Only a Spouse can be added to an existing BIOMAURA Independent Advisor business. Spouses include those individuals bound by a marriage, civil union, domestic partnership or common-law marriage (each a Spouse). Should one or more individuals wish to operate a single BIOMAURA Independent Advisor business, then those individuals must create a Business Entity. Spouses will be treated as one business for recognition purposes. See the BIOMAURA Procedures for Details on Enrolling as a Married Couple.

3.6       BIOMAURA INDEPENDENT ADVISOR INFORMATION

It is the sole responsibility of the Advisor to maintain up to date contact information, i.e. phone, email, address, tax identification, etc., with Company.  Failure to provide accurate information and/or providing false information will be grounds for breach of this Agreement.

 

SECTION 4 BEING A BIOMAURA INDEPENDENT DISTRIBUTOR

 

The following section provides the guidelines for Advisor to remain in compliance as A BIOMAURA Independent Advisor

 

4          GENERAL CONDUCT

Advisors shall not engage in any conduct that may damage the Company’s reputation or otherwise compromise Company’s standing with governmental and regulatory agencies, including but not limited to the United States Internal Revenue Service, Federal Trade Commission and/or any state tax or regulatory agency.

4.1       IDENTIFICATION

Advisors must conspicuously identify themselves as “BIOMAURA Independent Advisor” or “BIOMAURA Independent Distributor” in all public facing forums included but not limited to all advertising, social media, websites, email signatures, name badges, marketing, etc.

4.2       CONDUCT

Advisors must always remain above reproach, ensuring that all statements and representations made by Advisor are truthful, fair and accurate and not misleading or disparaging in any way. Advisor further warrants that Advisor will not engage in any fraudulent, deceptive, illegal, or manipulative tactics and will remain in compliance with the U.S. Foreign Corrupt Practices Act and all local laws.

4.3       COMPLIANCE

Advisor must operate their business in a way that is fully compliant with all state and federal laws and regulatory policies, including but not limited to the Federal Trade Commission.

4.3.1     Advisor agrees to fully indemnify Company against any claims made by state and federal agencies charging that Advisor acted outside of compliance by making false representations related to Company product and/or income claims related to Advisor’s business.

4.4       ADVISOR’S CAPABILITIES

Advisor warrants that Advisor is a capable, skilled independent business operator who requires no supervision or provision to complete the work they have freely chosen to do.  Advisor further recognizes that Company is reliant on Advisor’s professional skill to carry out the duties required under this Agreement.

4.5       PRODUCT LIABILIY CLAIMS AND INDEMNIFICATION

Advisor understands that Advisor is independently and fully responsible for any and all claims made by Advisor and/or any of Advisor’s employees and/or business partners.

4.5.1     While the Company does carry product liability insurance for faulty or defective product and will indemnify Advisor against product failures, this insurance DOES NOT cover actions and claims made by Advisor. As a result, Company strongly suggests that Advisor maintain independent business insurance to cover actions of the Advisor.

4.5.2     In order to be indemnified against any claims made by product customers, Advisor MUST notify Company of any claims in writing within ten (10) days of receipt of any notice of claim by Advisor. Client will not be indemnified by Company if Advisor made any false claims about the product, violated this Agreement in ANY way and/or made any attempt to settle the claim with claimant. Company maintains the exclusive right to solely defend itself against any and all claims made by any third party.

4.5.3     Advisor agrees to FULLY indemnify Company against any claims made by a third party as a result of Advisor’s breech of this Agreement, failure to adhere to the Policies and Procedures described herein, Advisor’s violation of any federal, state or local law or agency policy including that of the U.S. Federal Trade Commission.

4.6       INSURANCE

Company offers no business related insurance of any kind whatsoever to Advisor. As an independent business owner, Company suggests that Advisor procure any related business, liability, and/or travel insurance that Advisor may deem necessary to protect themselves and their assets.

4.7       COMPENSATION

There are multiple ways by which Advisor shall receive compensation from Company. Advisor may be compensated based on product sales and by hitting performance incentives set by Company. All such compensation opportunity is described in the BIOMAURA Success Plan. Compensation is limited to product, company performance and special incentive bonuses (“Bonus(es)”) based on the sale of products sold directly by Advisor or sold by other Distributors recruited by Advisor or in the Lineage of Distributors recruited by those Distributors recruited by Advisor.

4.7.1     Advisor acknowledges that Advisor is SOLELY responsible for paying all taxes related to any compensation received by Advisor from Company and acknowledges that Company will withhold no earnings for the purposes of meeting Advisor’s potential tax obligations or the tax burden of Advisor’s employees or sub-contractors.

4.7.2     If an order is refunded, canceled or voided related to any sale, the portion of the sale that is refunded, canceled or voided is considered to be a “Dead Sale”.  If a Dead Sale occurs for which ANY Volume is attributed or compensation is, has been or is going to be paid, or if a product is returned to Company for a refund, whether or not a credit card chargeback occurs, ANY AND ALL compensation and Volume that has been paid, posted, stated or believed to be valid or otherwise would be paid and or attributed to the Advisor for the purposes of calculating an Advisor’s rank within the Company or compensation are therefore deemed to be connected to the Dead Sale and any compensation and/or volume associated with the Dead Sale, regardless of when the sale becomes a Dead Sale, will be recovered by the Company from the Advisor, this is typically referred to as a clawback.  Clawbacks will either be recovered from any compensation due to be paid to Advisor in the future or, if said attributable compensation has not been paid, it will recovered from the Advisor either directly of via garnishment against future earnings.

4.8       ENGAGEMENT IN OTHER BUSINESS OPPORTUNITIES

As A BIOMAURA Independent Advisor, Advisor is an independent business and may pursue any other business interests and opportunities outside of their relationship with Company provided that they comply with these Policies, including and without limitation, the specific limitations related to “SECTION 4.9 NON-SOLICITATION”.

4.9       NON-SOLICITATION

Advisors must not use any Company provided platform to solicit and or recruit business from Company, Company’s Distributors and or Company’s customers for any other 3rd party product or service represented by Advisor that would be deemed by Company to be competitive to Company. Further Advisor agrees to not promote, offer, discuss or display any opportunity, products, programs or services of the other business interests of Advisor immediately after any Company-related meeting, seminar, convention, webinar, teleconference, training or other function, i.e. an event, regardless of whether or not the other business interest is competitive to Company.

4.9.1     INJUNCTIVE RELIEF

Advisor and Company agree that any violation of this Non-Solicitation Policy shall cause Company irreparable harm for which there is no adequate remedy by law, and if emergency equitable relief is not granted to BIOMAURA, the injury to BIOMAURA shall outweigh the potential injury to the Advisor. Therefore, Company shall be entitled to seek emergency and permanent injunctive relief to prevent further violations of this Policy. Further any such violation shall constitute a breach of Agreement by Advisor.

4.9.2     Advisors shall not directly or indirectly solicit, encourage, or induce an Advisor in another Advisor’s downline to change lines of lineage, nor should an Advisor directly or indirectly solicit a Client in another Advisor’s downline. Violation of this Policy may be considered a breach of Agreement and potentially result in the termination of this Agreement.

4.10     HANDLING PERSONAL INFORMATION

Personal information includes a Client’s, potential Client’s, Advisor’s and prospective Advisor’s name, mailing address, e-mail address, phone number, credit card information, Social Security Number or Tax Identification Number and other information associated with these details. Advisors must familiarize themselves with the Guidance on Handling Payment Card Information, attached as Appendix and incorporated into this Agreement. Advisors who receive personal information from or about prospective Advisors or Clients have the responsibility to maintain its security. Advisors should shred tangible materials or irreversibly delete from any electronic storage location the personal information of others once it is no longer needed. In addition, information regarding a Client’s or BIOMAURAn Advisor’s experience with Company products and/or programs cannot be revealed without his/her written permission; this includes use of personal testimonials.

4.11     PRODUCT INVENTORY

Advisors may carry inventory of Company products; however, Company recommends that Advisor not carry more inventory than Advisor needs for the immediate needs of their personal use or business. Company has no desire to see Distributors with product they cannot sell and strongly advises against stocking large amounts of inventory.

4.12     INTERNATIONAL ACTIVITY

Advisors are only authorized to promote the Company, and anything related to it to countries authorized by Company.

4.13     ACTIONS OF DISTRIBUTORD PARTIES

Should Advisor be a member of a partnership, trust, corporation, or other entity that has an equitable or ownership interest in or management responsibility for Advisor, any associated member of the same entity shall be considered an “Distributor Party” of Advisor and Advisor shall be deemed responsible for any violation of this Agreement committed by any Distributor Party of Advisor.

4.14     NEGATIVE COMMENTS

Complaints and concerns about Company should be directed to the Advisor Services. Advisors must not disparage, demean, or make negative remarks to third parties or other Advisors or Clients about Company, its owners, officers, directors, management or employees, other Advisors or Clients or the Success Plan. Violation of this Policy may result in a breach of Agreement by the Advisor and be subject to termination of the Agreement AND Company’s pursuit of any related damages. An Advisor’s obligations under this provision survive the termination of the Agreement.

4.15     ORDER RETURNS & REFUNDS

THER ARE NO REFUNDS PROVIDED FOR WELLNESS ADVISOR KITS BUT FOR THOSE MENTIONED IN PARAGRAPH 10 OF THE BIOMAURA INDEPENDENT WELLNESS ADVISOR AGREEMENT. For standard product orders, Advisors must notify their Clients that they have up to 30 days to return product purchased. All associated costs related to returns shall be paid by the Client or Advisor.

4.16     CANCELLATION OF A BIOMAURA INDEPENDENT ADVISOR AGREEMENT

Cancellation of an Advisor’s relationship with Company means the discontinuation of an Advisor’s relationship with BIOMAURA for any reason, whether the cancellation is voluntary, involuntary (termination or otherwise), or via non-renewal. An Advisor whose relationship with Company is canceled for any reason will lose all Advisor rights, benefits, monetary compensation, product credits, and privileges, including loss of his/her downline organization which will roll-up to the Advisor’s Sponsor. See the BIOMAURA Procedures for Details on Cancellation of A BIOMAURA Advisor Business.

4.16.1   If an Advisor’s BIOMAURA business is cancelled or terminated whether voluntary or involuntary for any reason, the Advisor must IMMEDIATELY discontinue using AND remove the BIOMAURA name, and all other names, trademarks, and other intellectual property belonging to BIOMAURA, and all derivatives of such intellectual property, in dealing with Clients, in postings on all social media, or otherwise.

4.16.2   To remain a BIOMAURA Independent Advisor, every Advisor must accumulate $300 of personal sales within each rolling six (6) month period. If this qualification isn't met, the Advisor may, at the discretion of BIOMAURA, be terminated and lose all Advisor rights, benefits, future monetary compensation, product credits, and privileges, including loss of his/her downline organization which will roll-up to the Advisor’s Sponsor.

4.16.3   To rejoin as A BIOMAURA Independent Advisor after being terminated, BIOMAURA will consider on a case-by-case basis the ability to reactivate the Advisor’s status for a $25 fee with a maximum limit of two reactivations.

4.17     RETURN OF PRODUCTS, BUSINESS KITS & BUSINESS SUPPORT MATERIALS UPON CANCELLATON OR TERMINATION OF THIS AGREEMENT

If purchased, Biomaura Wellness Advisor Start Kits are not refundable with the following exceptions: residents of Maryland, Massachusetts, Wyoming and Puerto Rico) so long as the goods are in currently marketable condition. Any Business Support Materials that are produced by a third party, i.e. non-Company produced, shall not be subject to this return Policy (please note, all products sold at are produced by a third party). In addition, residents of Georgia, Idaho, Louisiana, Maryland, Montana, Massachusetts, Oklahoma, Texas, Wyoming, and Puerto Rico may return any products that they purchased from the Company within one (1) year prior to the date of their cancellation so long as the products are in currently marketable condition. Upon the Company’s receipt of returned goods and/or Business Support Materials and confirmation that they are in currently marketable condition, the Advisor will be reimbursed 90% of the net cost of the original purchase price(s). Shipping and handling charges will not be refunded. If the purchases were made through a credit card, the refund will be credited back to the same account. Goods are in “currently marketable condition" if they are unopened and unused and packaging and labeling has not been altered or damaged. Merchandise that is clearly identified at the time of sale as nonreturnable, closeout, discontinued, or as a seasonal item, or gift, is not returnable. The merchandise must be returned within thirty (30) days from the date of the Advisor’s cancellation/termination.

A written request authorization is required for Business Kit returns. Returns must be accompanied by a Return Authorization Number. Upon receipt and inspection of the return, the Company will process any appropriate refund.

4.18     BUSINESS COMPRESSION

If an Advisor’s relationship with Company is canceled for any reason (including termination), the Advisor’s Downline organization, including personally recruited and enrolled Advisors and Clients, will compress to the next active Advisor above them in the lineage to which they belong or otherwise as determined by Company.

4.19     Business Entities

4.19.1   Enrolling as a Business Entity. A Business Entity (e.g. limited liability company, corporation, partnership, etc.) may wish to enroll as A BIOMAURA Independent Advisor. A Business Entity may apply to become A BIOMAURA Independent Advisor by completing, signing, and returning a Business Entity Addendum, signed by all the owners in the Business Entity and, when required, purchasing a Business Kit, as well as complying with any other applicable legal requirements. All members of the Business Entity are required to comply with the terms of the Agreement. See the BIOMAURA Procedures for Details on Enrolling as a Business Entity.

4.19.2   Changing to a Business Entity. An Advisor who enrolled as an individual may wish to transfer his/her account to a Business Entity for the purpose of operating their business. If the Advisor wishes to change their form of business from a sole proprietorship to a Business Entity, he/she may do so at any time. The individual must complete, sign, and return a Business Entity Addendum to the Company, as well as comply with any other applicable legal requirements.

4.19.3   Business Entity BONUSES. All compensation earned by the Business Entity will be issued in the name of the Business Entity. The Company will not have any liability to the Advisor or the Business.

4.19.4   Primary Participant. One member of the Business Entity will be designated as the Primary Participant and the Company may rely and act on any information provided by the Primary Participant and will use the Primary Participant as the sole point of contact.

4.19.5   Dissolution of a Business Entity. In cases in which owners of a Business Entity elect to dissolve the Business Entity, and one of the owners advises the Company in writing that they are dissolving the Business Entity, the Advisor who is listed as the Primary Participant on the account shall be responsible for fulfilling the obligations of the Business Entity until the Business Entity is fully dissolved and a formal dissolution agreement between the parties is reached that determines the disposition of the Business Entity. While the dissolution is proceeding, no owner may make changes to the business (e.g., change the payee, change the name of the business, etc.) until a formal dissolution agreement concerning the Business Entity is finalized and the Company is notified accordingly by the Primary Participant. Upon completion of the dissolution and/or the completion of BIOMAURA’s Business Transfer Procedures, the Business Entity shall be transferred to the individual who receives the Business Entity pursuant to the dissolution agreement (or court order if the dissolution is contested). Please note that BIOMAURA is unable to split a Business Entity in two, or to divide a BONUS(ES)between multiple parties. Therefore, if the owners or former owners enter into an agreement, or are ordered by a court, whereupon it is incumbent on BIOMAURA to split the BONUS(ES)or divide the Business Entity, the business shall be cancelled.

4.20     BUSINESS TRANSFER UPON DEATH

An Advisor may devise his/her business to his/her heirs via a will or other testamentary instrument. An Advisor shall not use or attempt to use a testamentary transfer as a means to circumvent the Business Transfer Policy (Policy 3.24). If the Company believes that a testamentary transfer is being used as a device to circumvent the Business Transfer Policy, the transfer shall be handled pursuant to the Business Transfer Policy and the corresponding Procedures.

Unless a testamentary instrument says otherwise, upon the death of an Advisor, the rights and responsibilities of the Advisor business remain with the Spouse. If a Spouse does not exist, the rights and responsibilities are passed on to the rightful heir(s), trustee(s), guardian(s) or conservator(s). The heir(s), trustee(s), guardian(s) or conservator(s) shall be required to contact the Company in writing and shall be bound by the terms and conditions of the Agreement. See the BIOMAURA Procedures for Details on Business Transfers upon Death.

4.21     BUSINESS DISTRIBUTION UPON DIVORCE

In cases in which a couple that jointly operates A BIOMAURA Advisor business divorce, and one of the Spouses advises the Company in writing that they have filed for divorce, the Advisor who is listed as the Primary on the account shall be responsible for fulfilling the obligations of the business until a divorce decree or order is entered and a court order rules on the disposition of the business (or the parties reach an agreement concerning the disposition of the business, as documented in writing, signed by both parties and notarized by a notary public).

4.22     ACTIVE ADVISOR

For the purposes of assessing some compensation elements, a status of "Active Advisor" may be applied. To qualify as an "Active Advisor", Advisor must achieve at least two hundred (200) of personal volume (PV) in a calendar month, ("Active Personal Volume"). The Advisor will only be considered to be "Active" during the month in which they achieve the Active Personal Volume, ("APV"). For example, if the Advisor achieves the APV in January, does not achieve it in February and does achieve it in March, the Advisor will be considered "Active" for January and March only.

4.23 RELATIONSHIP WITH BIOMAURA, INC

The relationship that exists between any BIOMAURA Advisor and BIOMAURA is a contract-based relationship in which BIOMAURA operates as an employer of Independent Contractors.  The nature of the relationship is such that Independent Contractors are expected to be fully independent; however, like any business relationship between a contractor and sub-contractor, from time to time it may be necessary for BIOMAURA to require Advisors to participate in various meetings and or events.  Should BIOMAURA make notice of such a need, Advisor agrees to be present and fully participate in such meetings in good faith.  Failure to do so may result in the termination of the sub-contractor relationship.

Nothing in this Agreement shall be construed as creating an employer-employee relationship, joint venture, or partnership between BIOMAURA and the Advisor.

 

SECTION 5 RECRUITING OTHER INDEPENDENT ADVISORS

 

5          Advisors may recruit new BIOMAURA Independent Advisors.

5.1       BUSINESS GROWTH OPPORTUNITY

BIOMAURA Independent Advisors have the opportunity to grow their businesses beyond acquiring and supporting Clients by building an organization of BIOMAURA Independent Advisors. To do so, Advisors can recruit and enroll other individuals as Advisors and, if desired, help them do the same.

5.2       RECRUITING AND ENROLLING OTHER ADVISORS

Opportunities to recruit and enroll other Advisors are available to all Advisors; however, Advisors may only recruit and enroll individuals or Business Entities who are residents of the United States, U.S. Territories or U.S. service members and their families at verified APO and FPO military addresses. Recruiting and enrolling is only permitted where the Company has officially announced it is open for business.

5.3       BUSINESS RESPONSIBILITIES RELATED TO RECRUITING AND ENROLLING

It is the Advisor’s responsibility to ensure Advisors they recruit are fully prepared to succeed in this business. To accomplish this, it is recommended Advisors maintain ongoing contact, communication, and mentoring within their organization. While it is the sole responsibility of the Advisor to operate their business as an independent contractor, Company is providing the following examples of such mentoring and training which may include, but are not limited to:

 

•          Providing ongoing contact, communication, encouragement, and support of personally recruited and enrolled Advisors and those within their downline organization

•          Product, program, and Consulting training

•          Encouragement and support

•          Written correspondence

•          Personal and/or virtual meetings; Telephone contact, voice mail, and/or e-mail

•          Accompanying individuals to the Company and/or field training sessions and meetings

•          Assisting Advisors to set goals and create business strategies, etc.

5.4       PROTECTING THE LINEAGE

BIOMAURA is a business built upon the creation of relationships with Clients and other Advisors. Therefore, once an Advisor is enrolled, in order to preserve the lineage and safeguard the hard work of all Advisors, with the exception of permitting an Advisor to place (see definition of Placement) a newly enrolled Advisor within their first thirty (30) days of enrollment, BIOMAURA does not allow Advisors to change sponsors unless it is agreed upon by the current sponsor or otherwise determined by BIOMAURA. It is not in the interests of BIOMAURA to unilaterally move Advisors around; however, in some limited cases, when there is a case of persistent relational neglect, it may be necessary.  The relationship between any BIOMAURA Advisor and BIOMAURA is considered to be an asset of BIOMAURA and therefore BIOMAURA maintains final authority related to all Advisor placements.

5.4.1     Cancellation of an Advisor’s relationship with BIOMAURA. An Advisor can voluntarily cancel their agreement with BIOMAURA and if they remain inactive for six (6) full consecutive calendar months, following the six (6) calendar month period of inactivity, the former Advisor may re-enroll under a new Advisor of their choice. This may require the purchase of a new Business Kit. However, please note that:

5.4.1.1  The Advisor will lose all rights to their former lineage upon their cancellation and all rights to revenue produced through sales from their former organization.

5.4.1.2  The Advisor may not promote Company products, programs, earn compensation, or attend events or trainings during the six-month inactivity period.

5.4.1.3  The Advisor may not attempt to engage in any other actions that could be deemed, at the sole discretion of the Company, as an attempt to potentially circumvent this Policy.

5.4.1.4  Once re-enrolled, the Advisor is not permitted to solicit former Clients or induce Advisors or Clients from its former organization to change lineage.

5.4.1.5  Advisors who fail to comply with the foregoing for the full six (6) calendar months may be required to sit out an additional six (6) months or may be prohibited from reenrolling as an Advisor with the Company.

5.4.2     Waiver of Claims. If an Advisor improperly changes their Sponsor, BIOMAURA reserves the sole and exclusive right to determine the final disposition of the downline organization and any potential BONUSES that may have been earned, by the Advisor in his/her second lineage. ADVISORS WAIVE ANY AND ALL CLAIMS AGAINST BIOMAURA, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AND AGENTS THAT RELATE TO OR ARISE FROM BIOMAURA’s DECISION REGARDING THE DISPOSITION OF ANY DOWNLINE ORGANIZATION OR BONUSES EARNED BY AN ADVISOR WHO HAS IMPROPERLY CHANGED THEIR SPONSOR.

 

SECTION 6 ADVERTISING

 

6          Advisors may market and advertise Company products and services within the following guidelines:

6.1       FIELD TRAINING MATERIALS AND ADVERTISING MATERIALS

Advisors may develop and/or use their own training tools and materials to support their personal lineage Advisors or others in their downline organization and or the promotion of their business  (hereinafter, Field Training and Promotion Materials ) so long as such Field Training and Promotion Materials do not violate any of the BIOMAURA Policies, BIOMAURA Procedures, federal or state laws, regulations, or statutes and conform with the BIOMAURA BRAND GUIDE (the BIOMAURA Brand Guide is provided in BIOMAURA Connect).

6.2       PROHIBITED ADVERTISING PRACTICES & TOOLS

In order to protect the image of the Company as well as our Advisors, certain advertising practices are strictly prohibited:

6.2.1     Printed Materials, Radio, Podcasts and Television. Advisors may ONLY use the Company name or any other Company trademark in printed advertising materials or in conjunction with other promotions with written approval and Advisor must ONLY represent themselves as “Independent BIOMAURA Advisors.”

6.2.2     Online Advertising and the Internet. Advisors may only use BIOMAURA trademarks in conjunction with their business or personal website and/or web page (including mobile application), after first receiving written permission to do so from the Company.

6.2.3     Domain Names, URLs, Keywords, Meta Tags, and E-mail Addresses. Advisors may not use, purchase, or register any domain names, URLs, keywords, meta tags, or e-mail addresses that include, in whole or in part, the Company name or any of the Company’s trademarks, service marks, or product names, or any derivative thereof. To the extent that Advisors violate this Policy, they hereby acknowledge and agree that they will, upon Company request, immediately discontinue use and/or transfer to the Company (or its designee), at the Advisors expense, any such materials. Without limitation, an Advisor may not:

6.2.3.1  Create, operate, or maintain any website or web page with the words BIOMAURA, or any other Company trademark or acronym or derivative of a trademark, in whole or in part, in all or part of the URL (please see partial list of BIOMAURA trademarks attached as Appendix A to these Policies).

6.2.3.2  Purchase a keyword from a search engine or other online service that comprises or includes the words BIOMAURA or any other Company trademark, irrespective of whether the results of searches for that term include the Company.

6.2.3.3  Create an e-mail address that includes BIOMAURA or any other Company trademark without written permission from BIOMAURA, INC.

6.2.4     Online Auctions, Markets and Outlets. Advisors may not sell, auction, or attempt to sell Company products, programs, business tools, coupons/promotional codes on any online marketplace/storefront or auction sites (e.g., Amazon, eBay, etc.). Advisors are prohibited from using these sites to sell products or solicit/generate leads. Selling Company products, programs, or services online will subject the Advisor to potential termination of the Agreement.

6.2.5     Unsolicited Communications. Advisors may not send, transmit, or otherwise communicate any spam or other unsolicited mail, e-mail, text, SMS, or other messages to any individual or group. Use of Company provided tools, such as the Back-Office, require that Advisors have a bona fide connection to their message recipients prior to sending correspondence of any kind. Advisors may not buy or use any third party generated e-mail or mailing address lists in conjunction with their BIOMAURA business.

6.2.6     Product Packaging. Advisors may not re-label, repackage, or modify the Company’s products in any way in conjunction with any advertising, presentation, or other endeavor. An Advisor may, however, provide products for sampling purposes.

6.2.7     Similar Promotions or Incentives. While Advisors are permitted to run compliant incentives or promotions within their organization as a method to grow their respective businesses, Advisors should ensure that any promotions or incentives that they may choose to run are in compliance with any applicable local, state or federal regulations.

6.2.8     Company-Operated Social Media. The Company has its own independent social media presence. From time to time, the Company may use organic posts and paid social media advertisements to promote the Company and its offerings, including, but not limited to, its products and programs. In order to preserve the intended purpose of these posts and prevent disruption within the BIOMAURA Community, BIOMAURA Advisors may not directly or indirectly, themselves or through their Clients, attempt to solicit, or recruit potential Client or Advisor candidates on any Company social media postings or advertisements. Attempting to solicit or recruit shall be broadly construed, and examples include, but are not limited to:

•          Come join my team

•          I can help you look beautiful and my services as an Advisor are at no extra cost

•          My team and I have a great time together

•          Come join my Advisor’s team

•          My Advisor is so great! You should use [insert Advisor]

6.3       PERMISSIBLE ADVERTISING PRACTICES AND TOOLS

While certain advertising practices are prohibited, Advisors may use a wide variety of resources to attract Clients and to acquire new Advisors. Please remember that Advisors may only use approved Business Support Materials when advertising their business.

6.3.1     Replicated BIOMAURA Website. Advisors can advertise their business through their replicated BIOMAURA website.

6.3.2     Social Media. Advisors may include a link on their social media sites (Facebook, Twitter, LinkedIn, YouTube, Pinterest, Instagram, etc.) to their replicated BIOMAURA website, and vice-versa. Advisors are responsible for the content of all material that they produce and all of their own postings on any social media site, as well as all postings on any social media site that they own, operate, or control. In addition to meeting all other requirements specified in these Policies, if an Advisor uses any form of social media to advertise their business, including, but not limited to, Facebook, Twitter, LinkedIn, YouTube, Pinterest, or Instagram, the Advisor agrees to each of the following:

6.3.2.1  Advisors may not make any social media postings, or link to or from any postings or other material that is sexually explicit, obscene, pornographic, offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, physical disability, or otherwise), is graphically violent, is solicitous of any unlawful behavior, that engages in personal attacks on any individual, group, or entity, or is in violation of any intellectual property rights of the Company or any third party.

6.3.2.2  During the term of the Agreement and for twelve (12) calendar months thereafter, an Advisor may not use any social media site on which they discuss or promote, or have discussed or promoted, the BIOMAURA business or BIOMAURA’s products, programs or services to directly or indirectly solicit BIOMAURA Advisors for a competitive Direct Selling or network marketing program. A current or former BIOMAURA Advisor shall not take any action that may reasonably be foreseen to result in drawing an inquiry from other BIOMAURA Advisors relating to the Advisors other Direct Selling business activities. Violation of this provision shall constitute a violation of the Non-Solicitation provision of these Policies.

6.4       EMAIL MESSAGES

Advisors must comply with all laws regarding the sending of e-mail messages, including the CAN-SPAM Act, and it is a duty of the Advisor to become and remain informed about the requirements of these laws. Advisors are prohibited from sending unsolicited e-mails regarding their replicated website or business to individuals who have not specifically requested information regarding the BIOMAURA business opportunity, products, programs or services. In the event an individual who has formerly agreed to receive e-mail information later requests that the Advisor cease sending the individual any e-mail, the Advisor must honor this request immediately and remove that individual from the Advisor’s e-mail distribution list.

 

6.5       COMPANY TRADEMARKS

The name BIOMAURA and other names that may be adopted by the Company from time to time are proprietary trade names, trademarks and service marks of BIOMAURA (as partially outlined in Appendix A). The Company’s trademarks and copyrights are valuable assets and, therefore, the Company strictly regulates the use of these trademarks and copyrights to ensure that they do not lose their value to the Company or to our independent field sales force. Advisors may not use the Company’s trademarks, trade names, copyrights, and other intellectual property rights, registered or otherwise, in any form except as specifically authorized by these Policies or as otherwise approved in writing by the Company. The Company may prohibit the use of the Company’s trademarks or copyrights in any Business Support Materials or other medium. While the Company grants Advisors a limited license to use its trademarks and trade names in promotional media, that license exists only for so long as the Independent BIOMAURA Advisor Agreement is in effect. Upon cancellation of an Advisor’s Agreement for any reason, the Advisor’s license shall expire, and the Advisor must immediately discontinue all use of the Company’s trademarks and trade names. Violation of any of the Policies pertaining to Company Trademarks and Copyrights may subject the Advisor to disciplinary action, up to and including termination.

 

6.5.1     Use of Company Trademarks. Under no circumstances may an Advisor use any of BIOMAURA’s trade names, trademarks, service marks or logos in any e-mail address, Business Entity name, website domain name, social media name or handle (or social media profile picture), address or phone number. In addition, Advisors are not permitted to use or apply the Company’s trade names, trademarks, service marks or logos on any tangible items, including, but not limited to: customized license plates, apparel, products, tools or other materials, unless otherwise allowed in these Policies or as authorized by the Company in writing.

6.5.2     Live and Recorded Events. BIOMAURA commonly puts on live and recorded events as well as webinars and telephone conference calls. During these events, Company executives or employees, Advisors, and guests may appear and speak. The content of such events is copyrighted material that is owned exclusively by the Company. Advisors may not record any Company events or functions for any reason, whether such event is live, a webinar, via conference call, or delivered through any other medium.

6.5.3     Company Produced Business Support Materials. Company-produced Business Support Materials, videos, audio, podcasts, and printed material are copyrighted materials. While some of these materials may be available to Advisors in their Back-Offices for download, Advisors shall not copy, sell, or license any such materials without the Company’s prior written approval.

6.6       REPLICATED WEBSITES

Upon enrollment, Advisors receive a replicated BIOMAURA website from which they can generate sales and enrollments of other Advisors.

6.7       RETAIL OUTLETS

With the exception of hair salons, day spas, lash and nail salons and independent boutiques and regional or local temporary or seasonal markets and fairs, Advisor agrees to obtain written approval from Company before selling BIOMAURA products and or services through any other retail outlet. For the purpose of this paragraph, the term “independent boutique” shall be limited to specialty retail locations with not more than two (2) locations).

 

6.8       TESTIMONIALS AND CLAIMS

Advisor acknowledges that they are solely responsible for all claims made about Company, products, personal success, and income disclosure. Company can make no promise to protect or police Advisor’s behaviors, actions and claims because Advisor is fully operating independently. Advisor acknowledges that product, income and lifestyle claims are highly regulated by the US Federal Trade Commission and Advisor further acknowledges that Advisor is subject to such regulations. It is Advisor’s SOLE responsibility to ensure compliance. Should Advisor be found to be violating such laws, regulations and policies, Advisor agrees to take sole responsibility and to immediately provide remedy. Failure to provide immediate remedy can result in the immediate termination of this Agreement. While it is not the responsibility of the Company to provide guidance on this matter, the Company is providing the following guidelines; however, the provision of said guidelines does not absolve the Advisor in any way of their own responsibility to adhere to laws, regulations and policies that may or may not be addressed here.

6.8.1     Advisor must ALWAYS and CONSPICUOUSLY disclose that they are an “Independent” Advisor of BIOMAURA products and services when making any claim related to Company.

6.8.2     All claims related to product performance must include the mentioning of any other products or services that may have been in use that might have impacted the results of the use in any way.

6.8.3     When discussing the business opportunity as an Independent Advisor, Advisor must state that any success as A BIOMAURA Independent Advisor requires at a minimum, commitment, effort and skill and that income levels above small supplemental income are rare.

6.8.4     Advisors must never give the impression that the business works on its own or that others will do the work for you. They must always disclose that this is a business that requires a time and skill investment.

6.8.5     Advisors must never overstate their personal experience or success and must always include the BIOMAURA Income Disclosure Statement when discussing income.

6.8.6     Any statements related to income must: (1) be truthful and disclose when the representation is about above-average or exceptional performance (the more atypical the represented success, the more thorough the disclaimer should be); (2) be clear and conspicuous (i.e., use straightforward, simple language and a similar size and font for both the income claim and the income disclaimer); and (3) be provided at the time of the representation and must be visible (when in writing).

6.9       TRADE SHOWS, FAIRS & EXPOS

6.9.1     Promoting an Advisor Business at Professional Events. We encourage Advisors to participate in trade shows, fairs, and expositions to promote their businesses, when they are ready. However, Advisors must refrain from attending events that do not reflect well on the Company, its products, and programs, or that could negatively reflect on the image of the Company. Advisors should also take every reasonable effort to ensure there is not more than one (1) Advisor exhibited at an event at which they plan to exhibit.

6.9.2     If a prospective Client wishes to place an order at a trade shows, fairs, or expositions, he/she can place the order directly through the Advisor at the event or place the order online via the Advisor’s replicated website.

6.9.3     Company Presence at trade shows, fairs, or expositions. Members of the BIOMAURA corporate team often attend and participate in events, which emphasizes the importance of speaking with one voice from a brand perspective to uniformly promote our products and programs. Therefore, Advisors may not participate in events where there is a corporate presence, unless prior written approval is given by the Company. It is solely the Advisor’s responsibility to comply with this Policy.

6.9.4     Field Presence at trade shows, fairs, expositions. BIOMAURA is not responsible for managing the event schedule within the field and will not mediate disputes with event vendors or among members of the field.

6.9.5     Registering for trade shows, fairs, or expositions. Advisors should inquire with the event organizer prior to registration to determine if the Company will be attending the event. In cases where the Company will be present, Advisors should contact the Company before registration. The Company is not responsible for event registration fees and event costs associated with Advisors registering for events they cannot attend. Advisors may not register themselves as BIOMAURA, Advisors may only register as: <Advisor Name>, Independent BIOMAURA Advisor or <Advisor Name>, Independent Advisor with BIOMAURA, or Certified BIOMAURA Advisors can register themselves as <Advisor Name>, Independent Certified Advisor with BIOMAURA.

6.9.6     Insurance. As previously mentioned in these Policies (Policy 3.4), BIOMAURA does not provide liability or other insurance coverage, which is sometimes required to participate in such events. It is the Company’s recommendation that Advisors carry liability insurance for their business, and it is the sole responsibility of the Advisor.

6.9.7     Approval. BIOMAURA further reserves the right to refuse authorization for participation in any function that it does not deem to be a suitable forum for the promotion of its products, programs, services, or the BIOMAURA business opportunity.

6.10     BIOMAURA Marketing/Business Building Tools

6.10.1   Trials are non-commissionable. They are sold in bundles. Please see training for effective marketing suggestions.

6.10.2   Standard shipping rates apply to all Business Building Tools.

6.10.3 Unless otherwise stipulated, items sold as business tools are not commissionable.  Such items will be sold to Advisors only and will be in a “Business Tool” category, significantly discounted off from standard retail prices.

6.10.4   Product Credits are not available as a form of payment for non-bonusable Business Building Tools. (“Business Tools”)

7.0 Forms of Payment

7.1     Gift Certificates

7.1.1   BIOMAURA offers several denominations of Gift Certificates. A Gift Certificate is awarded Personal Volume (PV) at the time it is purchased. Example: When a $25 Gift Certificate is purchased the Advisor will receive 25 PV. When a Gift Certificate is redeemed on an order the Gift Certificate amount will be applied as a form of payment. The Gift Certificate amount will be deducted from the order for purposes of PV. Example: If the order total before S&H is $100.00 and a $25 Gift Certificate is redeemed, the PV  will be equal to 75 PV.

7.1.2   BIOMAURA Gift Certificates are not applicable to sales tax and S&H.

7.1.3   BIOMAURA Gift Certificates are not applicable to non-bonusable Business Building Tools.

7.2     Business Credit

6.11.4 Unless otherwise stipulated, items sold as Business Tools are not commissionable.  Such items will be sold to Advisors only and will be in a “Business Tool” category, significantly discounted off from standard retail prices.

6.11.5 When allowed, Business Credit may be used as a form of payment for items stipulated at Business Tools.  Rules pertaining to the use of Business Credit will be directed at the discretion of Company and any such rules are subject to change without notice.

6.11.6 Any portion of payment made using Business Credit as the form of payment will not be commissionable

6.11.7 While Business Credit is described in increments resembling US dollars, BUSINESS CREDITS BY THEMSELVES HAVE NO MONETARY VALUE and their payment conversion may be changed at any time.

7.2     Product Credit

6.11.4 When allowed, Product Credit may be used as a form of payment for items stipulated as allowable for the use of the Product Credit payment type.  Rules pertaining to the use of Product Credit will be directed at the discretion of Company and any such rules are subject to change without notice.

6.11.5 While Product Credit is described in increments resembling US dollars, Product Credits by themselves have no monetary value whatsoever and their payment conversion may be changed at any time.

 

Appendix A       U.S.A. Partial List Of BIOMAURA Trademarks*

 

BIOMAURA

“Know Your Business, Experience Your Business, Share Your Business”

*This list is not complete and is subject to update at any time at the discretion of the Company.

For a complete list of Intellectual Property and trademarks, please email the Compliance Department.

 

 

 

 

 

 

 

Appendix B

BIOMAURA Income Disclosure Statement

 

BIOMAURA 2020 U.S. Income Disclosure Statement*

 

2022 ANNUAL INCOME OPPORTUNITY OF ALL INDEPENDENT NETWORK MARKETING ADVISORS ACROSS THE INDUSTRY

 

On average, over 25% of Independent Advisors in Company’s industry will have no earnings

On average, more than 70% of Independent Advisors in Company’s industry will quit within 7 months

On average less than 2% of Independent Advisors in Company’s industry will earn more than $50,000 per year after 4 years of actively building a business

 

*Based on 2021 Network Marketing Industry Report. These figures are not guarantees or projections of expected earnings or profits, and the income levels represented do not include expenses BIOMAURA Independent Advisors may have incurred in building their businesses. BIOMAURA makes no guarantee of financial success. Success with BIOMAURA results from successful sales efforts, which require hard work, diligence, skill, persistence, competence, and leadership.

 

Reinstatement of A BIOMAURA Advisor Business Within 30 Days of Conversion

 

Should A BIOMAURA Independent Advisor fail to achieve the 6-month Active Status requirement in his/her business, the business will convert to Client status. Once the business is converted, the Advisor’s downline organization (including all downline Clients and Advisors) will automatically compress to the Advisor’s sponsor/Business Advisor.

 

Canceling A BIOMAURA Advisor Business

 

A BIOMAURA Advisor can cancel his/her business by:

•          Declining to renew his/her BIOMAURA INTOUCHfees at the end of any monthly renewal. Clients and Downline will compress to the canceling Advisor’s Sponsor/Business Advisor, OR

•          Resigning in writing at any time, regardless of reason. If you have access to Connect – your Virtual Office you can submit a Help Ticket and request to Cancel your Advisor Status or you can send an email. Resignation must be submitted to the Company from the e-mail address that is on file with the Company to: Support@BIOMAURA.com with the Subject Line: Cancel Advisor Status. Upon receipt of resignation from the Advisor, the BIOMAURA Advisor business will be cancelled, all BONUSES will be forfeited, and all Clients and personal Downline will compress to the resigning Advisor’s Sponsor/Business Advisor.

•          Please note, Advisor BONUSES are calculated on a weekly and monthly basis in arrears to account for any adjustments to BONUSES that may be needed after the close of the pay period. Therefore, BONUSES are not considered final, even if paid, until such point that all chargeback periods allowed by law have passed.

•          If an Advisor resigns from his/her BIOMAURA Independent Consulting business, no further BONUSES will be paid to the Advisor from the date the resignation is submitted to the Company, therefore, if the Advisor resigns before the weekly or monthly BONUSES are finalized, the Advisor will forfeit those unpaid BONUSES.

Business Transfer Upon Death

To effect the transfer of an Independent BIOMAURA Advisor business upon the death of an Advisor, the successor to the BIOMAURA Advisor business must provide the following to the Company:

•          A copy of the deceased Advisor’s death certificate

•          A certified copy of the will or other testamentary instrument establishing the successors right to the business

•          If the successor to the BIOMAURA Independent Advisor business is not an existing Advisor, the individual must submit a signed BIOMAURA Independent Advisor Agreement to the Company. If the individual is an existing BIOMAURA Independent Advisor, the transferred business will be operated as a second business by the successor Advisor and remain in its current position in the lineage

•          If the business is an entity (corporation, partnership, limited liability company, trust, etc.), the successor to the BIOMAURA Independent Advisor business is also required to complete, sign and submit an amended Business Entity Addendum. A hard copy of the amended Business Entity Addendum signed by all owners of the Business Entity must also be submitted along with the electronic form

 

All testamentary documentation must be provided to the BIOMAURA Compliance Department (support@BIOMAURA.com).

 

 

BIOMAURA, INC.

TERMS OF USE

(“Agreement”)

ACCEPTANCE OF TERMS THROUGH USE

By using this site (“Site”) or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement, please do not use this Site and do not click “I agree”. Please check this Agreement periodically for changes as the owner of this Site (“Company”) reserves the right to revise this Agreement. In the event of a change to this Agreement, your continued use of this Site following the posting of any changes constitutes acceptance of such changes. The Company reserves the right to terminate a User’s use of this Site at any time without notice and may do so for any breach of this Agreement.

YOU MUST BE 18 OR OLDER TO AGREE TO THIS AGREEMENT AND USE THIS SITE

This Agreement must be completed, understood, and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18 to access this Site, he or she should email the Company with his or her explicit permission and acceptance of full legal responsibility. If you are not yet 18 or are accessing this Site from any country where this material is prohibited, please exit now as you do not have proper authorization.

LICENSE TO USE THIS SITE

Upon your agreement, Company hereby grants you a non-exclusive, non-transferable limited license to use this Site in strict accordance with the terms and conditions in this Agreement. You agree not to make any false or fraudulent statements as you use this Site. You acknowledge and agree that all content and services available on this Site are property of the Company and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers, and licensors. You agree to pay for any and all purchases and services using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorneys' fees resulting from any non-payment.

LICENSE RESTRICTIONS

Use
Except as may be explicitly permitted, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials from this Site. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, database, or directory without written permission from the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

Security
You agree that if you are issued a Username and Password by the Company, you shall use your best efforts to prevent access to this Site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by an unauthorized party, and by using a secure Username and Password not easily guessed by a third party.
You agree that you shall not try to reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter any executable code, contents, or materials on or received via this Site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.

Export
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this Site, or materials or services received through this Site, and, in particular, you shall not export or re-export anything on or received through this Site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.

Government Use
If you are a branch or agency of the U.S. Government, the following provision applies. This Site, code, contents, services, and accompanying documentation are comprised of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisitions by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisitions by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights reserved under the copyright laws of the United States.

 

 

BIOMAURA, INC

Privacy Policy

OUR COMMITMENT TO PRIVACY

Our Privacy Policy has been developed as an extension of our commitment to combine quality products and services with integrity in dealing with users. The Policy is designed to assist you in the understanding of how we collect, use and protect the personal information provided to us.

THE INFORMATION WE COLLECT

When you visit our site (“Site”), we collect two types of information:

• Active Information: personal information you actively choose to disclose
• Passive Information: information not visible to you that arises out of your browsing of our Site

Note: Passive Information is collected on an aggregate and anonymous basis.

1. Personally Identifiable Information (PII)

PII is information that identifies and is reasonably linked to you.

A. Registration

When you register to become an authorized reseller of our products or services, we collect PII (such as name, address, email address, and telephone number). This PII is securely stored and may be accessed on our website. You are assigned an identification number and select your own password—both are needed to enter the Site and to access your Contact Information. Please safeguard your password in a secure location as we are not responsible for breaches into the system when access is willingly provided.

B. Ordering

When you place an order for products or services, we collect PII (such as name, contact and billing information, credit card, and other transactional information). We use this information to deliver your order, process payment, and communicate the status of your order.

C. Credit and Debit Card Storage

Credit and debit card information collected at registration or for product orders is used only to process payment for the transaction and, generally, is not retained on our Site. However, you may voluntarily elect to securely store multiple credit cards to be used for product orders.

D. Surveys and Promotions

Occasionally, you may voluntarily provide PII to complete surveys and questionnaires or to participate in user polls. We use this information to improve our products and services and to ensure that we’re providing accurate disclosures. We may also use your PII to provide you newsletters and other marketing information that coincide with your preferences. You may customize your marketing preferences, or let us know if you do not wish to receive any promotional materials, by adjusting your Subscriptions & Email options on the Site.

Active Information You Choose to Provide

In order to gain use of the Site (become a “user”), we require you to disclose the following information: Name, Address, and Phone Number.
We use secure socket layer (SSL) encryption to protect the transmission of the information you submit to us when you use our secure online forms. The information you provide to us is stored securely.

2. Passive Information

We store and collect various types of passive information on an aggregate and anonymous basis. This information may include:

• Internet Protocol (IP) address
• Device operating system and browser type
• Cookies
• Address of referring website or other paths to reach our website

Aggregate Information

This refers to information that does not, by itself, identify you as an individual. Examples include:

• URL of the website that referred you
• IP address
• Operating system and browser type
• Search terms entered on our Site

We aggregate this information to monitor activity levels on our Site, evaluate effectiveness, and improve content.

We may collect, compile, store, publish, promote, report, or otherwise disclose or use any Aggregate Information, provided it does not personally identify you. If we do correlate Aggregate Information to you, it will be protected like any other PII under this Privacy Statement.

What is a Cookie?

Cookies allow web servers to recognize the computer accessing a site. They simplify interactions and transactions across the internet.

Our Site uses cookies to collect information about usage patterns, including:

• Date and time of visits
• Pages viewed
• Time spent on our Site
• Sites visited immediately before and after

You may turn off cookies in your browser if you prefer.

Our servers also automatically identify your computer by its IP address, which may be used for troubleshooting or demographic analysis.

HOW WE USE THE INFORMATION COLLECTED

Persons employed by us, directly or as contractors/agents, use Active Information to administer core business functions, such as:

• Order fulfillment
• Customer care and support
• Offering additional products or services

Passive Information is used to enhance the Site, making it easier, faster, and more user-friendly. Cookies help us understand usage patterns and may influence advertising based on user habits.

We reserve the right to use Active and Passive Information to prevent, detect, and investigate fraud, security breaches, or illegal activities.

We may also contact you about changes to our Site, new services, features, or products. If you do not wish to receive such information, you may opt out by adjusting your email settings.

Your Information Relating to Hyperlinks

You might access other websites through our Site via hyperlinks. These sites have their own privacy policies. Please read them before using those sites.

Receiving and Sharing of Information from and with Third Parties

We may receive information about you from third-party sources to update, expand, analyze records, and identify new customers.

We may share PII as necessary for fraud prevention, illegal activity detection, and security breaches. Fraud prevention agencies or law enforcement may access information pursuant to laws, regulations, or subpoenas.

Third parties performing services (e.g., ISPs, credit card processors, merchant banks) may have access to your information to provide these services.

We may disclose anonymous user habits to advertisers. If we sell or buy company assets, another company may review these assets, including your information.

HOW WE SECURE ACTIVE AND PASSIVE INFORMATION

We use reasonable efforts to prevent unauthorized access or disclosure and to avoid accidental loss of information. Communications via email or postal mail may not be secure unless we notify you otherwise. Please avoid sending sensitive information through unsecured means.

Accessing and Correcting Your Information

We take reasonable measures to ensure PII is accurate, current, complete, and reliable. You may edit your information online.

Protecting Your Information

We are committed to taking reasonable steps to protect PII from loss, misuse, and unauthorized access. We use physical, electronic, and managerial processes to safeguard information.

It is your responsibility to keep your password safe and to notify us promptly if it is compromised. Regular password changes are strongly encouraged.

Links to Other Websites

Links to third-party websites are provided for your convenience or to offer additional shopping. These websites are not covered by our Privacy Statement. Please review their policies before use.

Children’s Privacy Protection

We do not target or intend to collect PII from children under 18. If we discover such data, we will delete it. Learn more at FTC Kids Privacy.

CHANGES TO THIS POLICY

Updates or changes to this Privacy Policy will be posted on our Site, with the date of the latest version. Please check back periodically. By using our Site, you accept the Privacy Statement in effect at that time.

YOUR USE OF OUR SITE MEANS THAT YOU ACCEPT THE PRACTICES SET FORTH IN THIS POLICY. YOUR CONTINUED USE INDICATES YOUR AGREEMENT TO THE CHANGES.

 

Biomaura Privacy Policy

Last Updated: September 30, 2025

Biomaura (“Company,” “we,” “our,” or “us”) respects your privacy. This Privacy Policy explains how we collect, use, store, and share your information when you visit our website, place an order, enroll as an Independent Advisor, subscribe to communications, or otherwise interact with Biomaura.

By using our website, completing a purchase, submitting your information, or opting in to communications, you agree to the terms of this Privacy Policy.

1. Information We Collect

We may collect the following categories of information:

1.1 Personal Information

·       Name

·       Email address

·       Phone number

·       Mailing/billing address

·       Payment information (processed securely by our payment partners; we do not store full card details)

·       Account login information

1.2 Advisor / Affiliate Information

·       Enrollment details

·       Social media handles (if provided)

·       Commission and payment details

·       Business credit, rewards, and performance data

1.3 Technical & Usage Data

·       IP address

·       Device type

·       Browser type

·       Cookies and tracking data

·       Viewed pages and engagement patterns

1.4 Order & Transaction Data

·       Products purchased

·       Order history

·       Discounts, promotions, and referral activity

2. How We Use Your Information

We use your information for the following purposes:

2.1 Order Processing

·       To complete transactions

·       To provide order updates

·       To deliver products and services

2.2 Account & Advisor Management

·       To manage your Biomaura account

·       To administer Advisor/Independent Consultant programs

·       To track commissions, credits, and referrals

·       To provide account-related notifications

2.3 Customer Service

·       To respond to inquiries

·       To resolve issues

·       To provide product information

2.4 Marketing & Promotional Communications

By providing your email or mobile number and opting in where required, you agree that Biomaura may send you:

·       Email marketing

·       SMS/MMS marketing

·       Promotional offers

·       Product updates

·       Discount and sale opportunities

·       Loyalty or rewards notifications

·       Advisor program announcements

·       Events, challenges, and training notifications

You may opt out at any time (see Section 7).

2.5 Partner & Third-Party Marketing (When You Opt-In)

With your explicit consent, we may share contact information with trusted marketing partners who may send relevant promotional messages or offers.

We never sell your personal information to data brokers.

2.6 Legal Compliance & Security

·       To detect and prevent fraud

·       To comply with laws and regulations

·       To protect our company, Advisors, and customers

3. SMS Text Messaging Policy

By providing your mobile phone number and opting in at checkout, through forms, or during Advisor enrollment, you consent to receive recurring automated SMS or MMS messages, including:

·       Promotional offers

·       Discounts and sales

·       Account updates

·       Advisor program updates

·       Business credit notifications

·       Customer service messages

·       Support and operational alerts

Consent is not a condition of purchase.
Message & data rates may apply.
You may reply STOP at any time to unsubscribe.

We maintain timestamped consent records for compliance.

4. Email Communications

By providing your email, you consent to receive:

·       Marketing emails

·       Advisor communications

·       Transactional emails

·       Order updates

·       Important account notices

You may unsubscribe at any time by clicking the link in any marketing email.

Transactional and required account emails may still be sent.

5. Sharing Your Information

We may share your information with trusted service providers who help us operate our business, including:

·       Payment processors

·       SMS providers (e.g., Postscript, Twilio/LeadConnector for GoHighLevel)

·       Email providers (e.g., Klaviyo or others)

·       CRM systems (e.g., GoHighLevel)

·       Affiliate/Referral software

·       Shipping carriers

·       Legal, compliance, or accounting partners

We require all partners to protect your data and use it only for the services they perform.

We do not sell your information to data brokers.

We may also share information to comply with law or protect Biomaura’s rights.

6. Cookies & Tracking Technologies

We use cookies and similar technologies to:

·       Improve your shopping experience

·       Remember login states

·       Analyze site performance

·       Personalize content and ads

You may disable cookies in your browser settings.

7. Your Choices & Rights

Opt-Out of Marketing SMS

Reply STOP to unsubscribe.

Opt-Out of Marketing Email

Click the unsubscribe link in any email.

Account Information

You may request to:

·       Update your information

·       Access your data

·       Delete your account (where legally permissible)

Submit requests by contacting us at:
support@biomaura.com (or whatever email you choose).

8. Data Security

We implement reasonable administrative, technical, and organizational safeguards to protect your data.

However, no online system is 100% secure.
By using our services, you acknowledge and accept these risks.

9. Children’s Privacy

Biomaura is not intended for individuals under 18.
We do not knowingly collect information from minors.

10. Limited Liability

To the fullest extent permitted by law:

·       Biomaura is not liable for any indirect, incidental, consequential, or punitive damages arising from the use of our website, products, services, communications, or Advisor program.

·       Your use of our site and services is at your own risk.

·       Our total liability shall not exceed the amount you paid us for your last purchase.

Some states do not allow certain liability limitations; if so, those limits apply only to the allowed extent.

11. Changes to This Privacy Policy

We may update this Privacy Policy periodically.
Changes take effect when posted on our website.

We encourage you to review this page regularly.

12. Contact Us

If you have questions or wish to exercise your rights, contact us:

Biomaura, Inc.
1121 Military Cutoff #355
Wilmington, NC 28405
Email: GetHelp@biomaura.com