Terms & Conditions

NEWAGE MD POLICIES

1. INTRODUCTION

The following rules of conduct and Advocate policies have been established for your protection. They represent the code of ethics by which all Advocates must operate. An Advocate is defined as any individual who has enrolled as an affiliate, associate or independent partner to promote NewAge MD product offerings. We encourage you to read and understand them, so you are fully aware not only of your obligations but also of your rights as an Independent NEWAGE MD Advocate. We want to work together to uphold the highest possible ethical standards. We are committed to maintaining the integrity of NEWAGE MD, its sales and marketing plan, and its distribution network of independent Advocates.

2. TERMINOLOGY

Throughout this document, the words "they" and "their" are used to refer both to single or multiple persons interchangeably, without regard to gender.

3. NOT A PYRAMID SCHEME

3.1 NEWAGE MD is not a pyramid or chain distribution scheme. A pyramid is a scheme in which an individual pays for the right to recruit additional persons into the scheme who, in turn, receive the same right to receive profits from recruiting others. Three common elements of a pyramid scheme have been identified as: (1) a large, required initial investment or purchase of inventory; (2) direct payment for recruiting additional persons into the scheme; and (3) little or no emphasis on selling products to consumers.

3.2 NEWAGE MD Plan contains none of the above-described elements. NEWAGE MD Advocates earn money by signing up new customers who order product directly through NEWAGE MD. There is no upfront required purchase of products nor any requirement to maintain an inventory of products for sale. There is no payment for simply signing a new downline Advocate. The only payment an Advocate receives is a share of the actual sales volume generated by the persons who have been introduced to the product through the Advocate.

4. BECOMING AN ADVOCATE

To become a NEWAGE MD Advocate, an applicant must register through a NEWAGE MD Advocate Website, or on NEWAGE MD Main Website. During the registration process, the applicant will be asked for the name of the sponsor who recruited them. The applicant becomes an authorized NEWAGE MD Advocate upon acceptance of the application by NEWAGE MD . NEWAGE MD reserves the right at its sole discretion, to reject any application, without giving reasons for the rejection.

5. APPLICATIONS FROM FORMER ADVOCATES

Former Advocates who want to re-apply to become an Advocate again, under the same sponsor as their previous membership, may do so at any time. If a former Advocate wishes to re-apply to become an Advocate under a different sponsor, they must wait for at least 6 months after the Membership lapsed. New applications must comply with all requirements for joining as an Advocate.

6. EQUAL OPPORTUNITY

NEWAGE MD business opportunity is open to people from all walks of life, regardless of sex, race, nationality, religious beliefs or political affiliations.

7. RESTRICTIONS ON PURCHASE REQUIREMENTS

An Advocate is not obliged to:

• maintain any minimum stock levels of products or materials; or

• purchase admission tickets to attend any seminars, meetings or other events.

8. DEALERSHIPS MAY BE BUSINESS ENTITIES

NEWAGE MD accepts applications for Membership in the name of individuals, or entities including partnerships, corporations, and limited liability companies. Applications in the name of an entity must have obtained an Employer Identification Number from the Internal Revenue Service.

9. ADVOCATE AGE REQUIREMENTS

Applicants must be over 18 years of age and otherwise legally capable of entering into a contractual agreement.

10. MARRIAGE MEMBERSHIP

10.1 Married Advocates may register as a couple under one agreement, or may each register individually under separate agreements.

10.2 Married couples wishing to become Advocates and operate a single account together must complete and sign a single application for Associate, thereby having only one sponsor. The liability of two married Advocates who operate an account together shall be joint so that both such Advocates shall be responsible for, and accept liability for, the NEWAGE MD membership, and each shall be bound by any act or omission of the other, and any payment by NEWAGE MD to one such Advocate shall be deemed as payment to both such Advocates unless they have chosen to have individual active accounts.

11. LIMITED TO ONE MEMBERSHIP

An individual may operate only one NEWAGE MD Membership, and may have only a single sponsor. An Advocate may only participate in the development of one Membership and will not be permitted to retail, recruit, promote, train, educate or otherwise assist in the development of NEWAGE MD business for any Membership other than their own, except to assist their downline organisation

12. DETERMINATION AND PENALTY FOR DUAL MEMBERSHIP

12.1 In the event that an individual completes and sign more than one application for Membership, the first accepted by NEWAGE MD is considered the valid Membership.

12.2 If NEWAGE MD determines that an individual has signed an application for Membership, or has worked or assisted in the development of another Membership as defined in these rules of conduct, while obligated to a prior Membership, NEWAGE MD has sole and absolute discretion to determine the disposition of both Dealerships, as well as any penalties or sanctions it deems necessary and appropriate for the Dealerships and the sponsors.

13. TERMINATION OF MEMBERSHIP FOR CAUSE

NEWAGE MD reserves the right to terminate a Membership for cause upon the occurrence of any of the following events by or involving an Advocate:

13.1 The commission of a felony or a crime involving moral turpitude or the commission of any other act or omission involving dishonesty or fraud or involving harassment or discrimination with respect to any of NewAge MD employees or product distributors.

13.2 The misappropriation of funds or assets of NewAge MD for personal use.

13.3 Engaging in any conduct tending to bringing NewAge MD into disgrace or disrepute.

13.4 Making, publishing or communicating to any person or entity or in any public forum any defamatory or disparaging remarks, comments, or statements concerning NewAge MD, its employees and officers, products or services, and existing or prospective customers, distributors, suppliers , investors, and other associated third parties, or make any maliciously false statements about NewAge MD employees, officers, or members.

13.5 A material violation of any material term of the Membership Agreement or these terms and conditions.

14. TERRITORIES

14.1 NEWAGE MD grants the Advocate the right to operate the Membership throughout the entire United States of America. All transactions are conducted in US Dollars, no other currency may be used.

14.2 NEWAGE MD does not allocate any region within the United States of America to any Advocate, and Advocates may not in any way imply that they represent any geographical area.

15. EXPORT

Business activity of any kind in any country or territory other than the United States of America, including but not limited to; selling product, attempting to register products or marketing plans, sponsoring Advocates, advertising, conducting meetings or in any way offering NEWAGE MD products or opportunities is strictly prohibited by NEWAGE MD.

16. SELLING PRACTICES

16.1 Courtesy and Honesty

NEWAGE MD Advocate shall always conduct herself in a courteous and considerate manner. All presentations of NEWAGE MD products must be complete and truthful, including but not limited to, instructions on the usage directions and precautions.

16.2 No Practice of Medicine

NEWAGE MD does not engage in the practice of medicine and Advocates are strictly prohibited from making any statements or representations to the contrary. All services and products which require the approval, recommendation, or dispensation of or by a licensed medical or pharmaceutical professional are contracted out to licensed professionals who carry the appropriate governmental licenses.

16.3 Research Products

Some products provided through NEWAGE MD may not be approved by the FDA, which may be labeled ‘research’, ‘not for human use’ or similar. Advocates are prohibited from any statements or recommendations to the contrary.

16.4 Legal Infringement

Some products offered through NEWAGE MD such as GLP-1 type products are protected by intellectual property restrictions such as patents, trademarks, and copyright. Advocates are prohibited from making statements or representations that products offered through NEWAGE MD infringe on any such intellectual property protections.

17. INDEPENDENT ADVOCATES

All NEWAGE MD Advocates are independent businesses and no Advocate shall represent or imply that they have any employment relationship with NEWAGE MD or with any of its affiliated companies. Advocates may not use the words "employee", "agent" or "company representative" verbally or on any stationery, business cards, or other printed material.

18. FALSE INFORMATION

No Advocate shall knowingly submit false or misleading information to NEWAGE MD. Violation of this rule could lead to rejection of their application or termination of their Membership.

19. INDEMNIFY NEWAGE MD

Without prejudice to the other rights of NEWAGE MD under these rules of conduct and other rules and regulations of the company, Advocates shall indemnify NEWAGE MD from and against all actions, claims, demands, prosecutions, fines, penalties and the costs thereof (including NEWAGE MD’ actual legal costs) which might be made or brought against NEWAGE MD in respect of, or arising directly or indirectly out of, any breach of any laws or regulations applying to the operation of their Membership or of any of the terms and conditions contained herein. NEWAGE MD shall have no liability to any Advocate in respect of any cost, loss, damage or expense suffered by any Advocate directly or indirectly as a result of any act, omission, representation or statement of any Advocate.

20. COMPLY WITH RULES OF CONDUCT

Advocates must comply with all NEWAGE MD rules of conduct and any amendments or additions together with any procedures, recommendations, guidelines or instructions which may be issued from time to time.

21. VIOLATIONS OF RULES OF CONDUCT

In the event of a violation of the NEWAGE MD rules of conduct, procedures or directions issued by NEWAGE MD, NEWAGE MD may in its sole discretion take whatever actions or measures it deems necessary and appropriate, including but not limited to, suspension of buying privileges, suspension of earnings, monetary fines or deletion or termination of the Membership.

22. RESIGNATION

22.1 An Advocate may resign their Membership at any time, by submitting via email a letter of resignation to NEWAGE MD. The resignation becomes effective when received, validated and accepted by NEWAGE MD. NEWAGE MD will advise in writing when this is complete.

23. LIABILITY FOR UNPAID DEBTS

An Advocate who resigns will remain liable for unpaid debts owed to NEWAGE MD or for liabilities for violations of the NEWAGE MD rules of conduct or other rules and regulations that govern the business practices of Advocates.

24. RESIGNATION OF SPOUSE

In the event that one spouse of a joint Membership resigns, NEWAGE MD reserves the right to terminate the Membership, if the activities of the resigned Advocate diminishes, damages or weakens the reputation of NEWAGE MD or its products.

25. NON-SOLICITATION; NO POACHING

During the term of their Membership and for six (6) thereafter, an Advocate may not directly or indirectly recruit other NewAge MD Advocates for any other directly competing business. The term ‘recruit’ means the direct or indirect, actual or attempted, sponsorship, solicitation, enrolment, encouragement, or effort to influence in any other way another Advocate to entoll or participate in a directly competing business. Advocates also are prohibited from poaching prospects from other Advocates.

26. TRAINING

A sponsor is responsible for properly training their personally sponsored Advocates. Training must include product knowledge, marketing plan, rules of conduct, company rules and guidelines for Advocates. The sponsor may seek assistance from their upline Advocate, but the primary responsibility remains the sponsor’s own. No sponsor may request payment from a personally sponsored Advocate for training or training facilities, unless the training is additional to basic training, and the sponsor fully explains that the Advocate may choose whether or not they want to participate in such training, and states the cost for such training. If the Advocate declines to participate in "additional" training, the sponsor is still obligated to provide the basic training necessary at no cost.

27. INDEPENDENT RELATIONSHIP

A sponsor must maintain & uphold the independent relationship between the sponsor himself & his Advocates.

28. SUPPORT COMPANY SPONSORED EVENTS

A sponsor shall keep their Advocates informed of company sponsored events and when appropriate encourage their personally sponsored Advocates to attend NEWAGE MD sponsored meetings and training and to participate and support all company sponsored events.

29. SPONSORSHIP

29.1 The Advocate/Sponsor relationship is the foundation of the NEWAGE MD sales and marketing plan and as such, the principles and rules of the company protect the rights of the sponsor. Changes of sponsorship are detrimental to the integrity of the business and are not permitted.

29.2 In order to protect the sponsor, no Advocate may interfere with the relationship between another Advocate and their sponsor in any way. An Advocate may not offer, entice, encourage, solicit, or otherwise influence or attempt to persuade another Advocate to change his sponsor or line of sponsorship, either directly or indirectly.

30. VIOLATION OF THE CHANGE OF SPONSORSHIP RULE

30.1 In the event of evidence coming to light that an Advocate who has re-joined NEWAGE MD under a different sponsor, had re-applied to be an Advocate prior to the 12 month period, then NEWAGE MD has the sole and absolute discretion to apply penalties to the Membership.

30.2 Penalties will be assessed by NEWAGE MD in its sole discretion, and include, but are not limited to, the transfer of all sponsored Advocates in the new Membership to the original sponsor's organisation, financial penalties, suspension and termination of the Advocate.

31. ASSIGNING OR TRANSFERRING A MEMBERSHIP

31.1 A Membership may only be assigned or transferred to an individual who is not currently a NEWAGE MD Advocate. Assignment or transfer must be approved by NEWAGE MD. The person assuming responsibility for the Membership will be required to register as an Advocate. If this person was formerly a NEWAGE MD Advocate then they must meet requirements of a former Advocate to re-join.

31.2 The achievements of an Advocate are personal to the individual, and as such, if an assignment or transfer should be authorised, the status and benefits achieved by the Advocate are not transferred with the Membership. The individual assuming responsibility will be required to achieve all qualifications for status and earning requirements after the assignment or transfer is made.

32. SEPARATION OR DIVORCE

Whenever an Advocate is in the process of a separation, divorce or dissolution of a marriage, the Advocate must ensure that the interest of the Membership and the sponsor are protected. During the separation, divorce or dissolution proceedings, neither of the parties may develop or assist in developing, either alone or with or on behalf of someone else, any other NEWAGE MD Membership except under their original sponsor.

33. AUTHORITY OF A LEGAL DECISION

NEWAGE MD rules and regulations do not supersede the dictates of any court of law as to the disposition of the Membership and or the rights, benefits or obligations of parties to the Membership.

34. DEATH OF AN ADVOCATE

Upon the death of an Advocate who has a surviving spouse or heir who is an active participant in the business, the Membership will remain with the spouse or heir. Any other disposition of the Membership must be approved by NEWAGE MD.

35. PROPER PURCHASING OF PRODUCT

35.1 An Advocate must purchase all NEWAGE MD products through the process established by NEWAGE MD in order for the products purchased to be lawfully sold, accurately recorded, and used to calculate personal and group rebates, as well as to award rank privileges.

35.2 An Advocate is prohibited from buying NEWAGE MD products other than through NEWAGE MD’s process and procedures.

35.3 Payment for all orders purchased from NEWAGE MD must be made by the Advocate designated as the purchaser on the order, unless written approval is given by NEWAGE MD for payment to be made by another individual or entity.

35.4 Advocates may not order product in the name of another Advocate, nor may they make payment for products ordered in another Advocates name.

36. VOLUME MONTH

36.1 Sales volume is credited to and accumulated by an Advocate on a volume monthly basis. The volume month begins on the first day of the month and ends on the last day of the month. NEWAGE MD reserves the right to modify the volume month as it deems appropriate.

36.2 Sales volume is credited to the volume month in which full payment is received by NEWAGE MD for the order. Under no circumstances can volume be placed for any other month.

37. PRODUCT DISTRIBUTION

NEWAGE MD is a wholesale/retail distribution company. Some products are available only by prescription from a medical doctor or other licensed professional. Products purchased from the company are intended to be sold to Advocates for their personal consumption. The purchase of products solely as an attempt to qualify for advancement in the marketing plan is not permitted. Any such attempts will result in sanctions, including, but not limited to, demotion in team status, probation, suspension of buying privileges, suspension of earnings, disqualification from bonus participation, deletion or termination of the Membership.

38. DEBTS OWED TO NEWAGE MD

If an Advocate owes NEWAGE MD a debt, NEWAGE MD reserves the right to deduct the amount owed from any sum payable to the Advocate or to withhold payment of monies owed until such time as all amounts owing by the Advocate to NEWAGE MD have been paid in full and/or may decide not to recognise any qualification until the amount due to NEWAGE MD has been paid.

39. DIRECTIONS FOR USE

Advocates shall strictly follow the directions for use and cautions, if any, specified on product labels using the products.

40. PRODUCT SALES TO NON-ADVOCATES FOR RESALE

No Advocate may sell NEWAGE MD products to persons who are not NEWAGE MD Advocates or to anyone whose intention it is to resell those products.

41. MODIFICATIONS TO PACKAGING

An Advocate may not modify in any way any the labelling, literature, material or packaging of any NEWAGE MD product.

42. DISPLAY IN RETAIL OUTLETS AND OTHER ESTABLISHMENTS

Advocates may display their products in locations that they consider appropriate, such as markets, trade events, schools, doctors, healthcare or other professional offices, beauty and hair salons, health spas or gymnasiums, etc.

43. DISPLAY OR SALE ONLINE

Advocates may display/advertise NEWAGE MD products on their NEWAGE MD supplied website, but may not sell NEWAGE MD products from any website, including auction sites, coupon sites, discount sites or similar sites. NEWAGE MD products may only be sold from the official NEWAGE MD Advocate Websites.

44. ADVOCATES PRIVATE OFFICES

An Advocate with a private office may not sell NEWAGE MD products from such an office, but can display the products, and advertise by means of signs, posters, flyers or brochures.

45. ADVERTISEMENT AND PROMOTIONAL MATERIAL

An Advocate may only use Company produced advertising and promotional material. An Advocate may use NEWAGE MD produced literature or promotional material solely for the purpose of conducting their business as a NEWAGE MD Membership.

46. INTERVIEWS OR STATEMENTS TO THE MEDIA

An Advocate from time to time may be approached by reporters interested in interviewing them about the NEWAGE MD products or business. While we appreciate any interest expressed in our products and business opportunity, only the company may grant interviews or authorise advertising of the company or product names. Only authorised officials of NEWAGE MD are permitted to speak with or write to the press or other media for, or on behalf of, NEWAGE MD or any of its subsidiaries. If an Advocate should be approached with a request for an interview or statement, advise the reporter to contact NEWAGE MD.

47. OFFERING PRODUCTS FOR AUCTION

No Advocate may offer any NEWAGE MD product for sale by soliciting or receiving bids for such product.

48. OFFERING THE BUSINESS OPPORTUNITY

When offering the business opportunity or presenting the NEWAGE MD sales and marketing plan, an Advocate must:

a. Clearly indicate that the principal activity of an Advocate is to promote the sale of NEWAGE MD products for personal consumption.

b. Not imply or represent that an Advocate can benefit solely by the sponsoring of other Advocates.

c. Not imply that an Advocate is under any obligation to sponsor others to become Advocates.

d. Not imply that success may be achieved with little or no effort.

e. Not make any statements which are not accurate or truthful.

f. Not claim that high earnings can be easily achieved.

g. Not make any statements which would violate or conflict with these Terms and Conditions.

49. INCOME CLAIMS

When an Advocate promotes or represents the earnings from their own or another Membership, they must at all times be truthful in their statements and it is necessary that the claims can be verified.

50. VIDEO/AUDIO TAPES

An Advocate may not display or mention the name of any NEWAGE MD product, trademark or trade name in any video or audio recording made by, for, on behalf of, or at the direction of an Advocate, unless such tape has prior written approval for use by NEWAGE MD.

51. TELEVISION, SATELLITE OR RADIO BROADCASTING

It is not permitted for any Advocate to broadcast any video or audio recording of any kind that relates to, mentions, displays or promotes in any way, either directly or indirectly, the NEWAGE MD name, products, materials, business opportunity or methods of conducting business.

52. TELEPHONE BOOK LISTINGS

An NEWAGE MD Advocate may list themselves in the yellow pages of the telephone directory or internet directory under the heading "NEWAGE MD independent Advocate". The only information that may follow this is the Advocates name and/or mailing or email address and telephone number. An Advocate may use display ads in the yellow pages as long as the advertisement is within the guidelines for print advertising.

53. LOCAL LAWS

In addition to NEWAGE MD’ policies, an Advocate must comply with any and all local and national ordinances, laws or other regulations when operating their business, and advertising or promoting NEWAGE MD products or business opportunity. It is the responsibility of the Advocate to determine what these may be and how they apply to their business.

54. MUST RETAIL AND QUALIFY TO EARN

An Advocate must clearly indicate that sales discounts, rebates and other earnings of a NEWAGE MD Membership may only be achieved through the continuing purchases of NEWAGE MD products by the Advocate and the Advocate’s sponsored Advocates and after certain qualifications have been met.

55. NO OBLIGATION TO PURCHASE PRODUCT

No Advocate may represent that there is any obligation to purchase products, literature or sales aids, nor may they represent that sales discounts, rebates or other benefits may be obtained in any other manner than from the retail sale of products.

56. TRADE NAMES, TRADEMARKS AND LOGOS

It is not permissible to use NEWAGE MD's trademarks, trade names, logos or any facsimile thereof in any way, without prior written consent from NEWAGE MD. These belong exclusively to NEWAGE MD which endeavours to protect the name NEWAGE MD, the trademark, the trade names and designs of labels to prevent unauthorised use.

57. BUSINESS STATIONERY

Business stationery produced by an Advocate must clearly indicate that their business is independent, and that they are an NEWAGE MD Advocate. The wording may not imply that the Advocate is employed by or a partner of NEWAGE MD.

58. REPRODUCTION OF MATERIAL

No Advocate or any other person may reproduce in whole or in part any printed material, audio cassettes, video and film recordings that have been produced by NEWAGE MD unless given prior written authorisation to do so by NEWAGE MD.

59. PENALTIES FOR SUPPLYING NON-NEWAGE MD SALES AIDS OR MATERIALS

In the event that NEWAGE MD determines that non-NEWAGE MD produced sales aids and materials supplied by an Advocate, violates any applicable NEWAGE MD rules of conduct or other rules and regulations published by the company or impairs the NEWAGE MD business or damages its reputation, NEWAGE MD reserves the right to take whatever action is necessary to hold the Advocate responsible for any damages incurred.