The purpose of this document is to provide the Policies and Procedures that all BEAM Minerals™ (BM) Affiliates should know and understand before agreeing to be an Affiliate. Registering as a BEAM Minerals™ Affiliate means that you agree to abide by the following.
BEAM Minerals™ Affiliate Policies and Procedures
SECTION 1 – PURPOSE OF THIS DOCUMENT
SECTION 2 - CODE OF ETHICS
BEAM Minerals™ has made a commitment to provide a positive Affiliate experience and the highest quality products. In turn, the company expects BEAM Minerals™ Affiliates to reflect that image in their relationships with Customers and fellow Affiliates.
As a BEAM Minerals™ Affiliate you are expected to operate according to the highest standards of integrity and fair practice. Failure to comply with the Code of Ethics can result in your termination as a BEAM Minerals™ Affiliate. The Code of Ethics, therefore, states that you will:
- Conduct yourself in an honest, ethical manner
- Make no representations about the benefits associated with BEAM Minerals™ products other than those contained in officially-approved corporate literature and videos
- Support and encourage customers, to ensure that their entire experience with BEAM Minerals™ is successful
- Report any concerns you have about BEAM Minerals products or Customer Service directly to firstname.lastname@example.org
- Refrain from making any disparaging remarks, or willfully denigrate the activities or personalities of fellow BEAM Minerals Affiliates
- Refrain from discussing personal income potential related to being a BM Affiliate
- Abide by all of the Policies and Procedures of BEAM Minerals™ as included herein, or as may be amended from time to time
SECTION 3 - INTRODUCTION
3.1 - POLICIES AND AFFILIATE AGREEMENT
These Policies and Procedures, in their present form and as amended at the sole discretion of BEAM Minerals™, are incorporated into, and form an integral part of, the BEAM Minerals™ Affiliate Agreement. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the BEAM Minerals™ Affiliate Agreement, these Policies and Procedures and the BEAM Minerals™ Affiliate Program. These documents are incorporated by reference into the BEAM Minerals™ Affiliate Agreement (all in their current form and as amended by BEAM Minerals™).
3.2 - PURPOSE OF POLICIES
BEAM Minerals™ markets products via standard retail channels. To clearly define the relationship that exists between Affiliates and BEAM Minerals™, and to explicitly set a standard for acceptable business conduct, BEAM Minerals™ has established this Agreement. BEAM Minerals™ Affiliates are required to comply with all of the provisions set forth in this Agreement, which BEAM Minerals™ may amend at its sole discretion from time to time, as well as with all federal, state and local laws governing BEAM Minerals™ business and conduct. Because you may be unfamiliar with many of these standards of practice, it is very important that you read and abide by the Agreement. Please review the information in this document carefully. It explains and governs the relationship between you and the Company. If you have any questions regarding any policy or rule, do not hesitate to seek an answer from the BEAM Minerals™ corporate office.
3.3 - CHANGES TO THE AGREEMENT
Because laws and the business environment periodically change, BEAM Minerals™ reserves the sole and absolute discretion and right to amend the Affiliate Program Agreement and its earning program at any time. By signing the Affiliate Agreement, an Affiliate agrees to abide by all amendments or modifications that BEAM Minerals™ elects to make. Amendments shall be effective 30 days after publication of notice of amendments in official BEAM Minerals™ materials. The Company shall provide or make available to all Affiliates a complete copy of the amended provisions by one or more of the following methods: (a) posting on the Company’s official website; (b) electronic mail (email);(c) inclusion in Company periodicals; (d) inclusion with commissions or (e) special mailings. The continuation of an Affiliate’s BEAM Minerals™ relationship with the Company, or an Affiliate’s acceptance of bonuses or commissions, constitutes acceptance of any and all amendments.
3.4 - WAIVER
The Company never gives up its right to insist on compliance with the Affiliate Agreement and with the applicable laws governing the conduct of a business. No failure of BEAM Minerals™ to exercise any right or power under the Agreement or to insist upon strict compliance by an Affiliate with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of BEAM Minerals™’s right to require exact compliance with the Agreement
SECTION 4 - BECOMING AN AFFILIATE
4.1 - REQUIREMENTS TO BECOME AN AFFILIATE
There are no fees or purchasing requirements associated with becoming a BEAM Minerals™ Affiliate. However, to become an Affiliate, an applicant must:
4.1.1 - Be at least 18 years of age;
4.1.2 - Reside in the 50 United States or US Territories officially opened by the Company;
4.1.3 - Have a valid Social Security or Tax ID number;
4.1.4 - Have a minimum of 10K social media followers, email subscribers, or monthly website views.
4.1.5 - Use BEAM Minerals products regularly as part of their daily health regimen.
4.1.6 - Have an active PayPal account to receive commissions
4.1.7 - Fulfill the requirements above, submit an application for an Affiliate position and be accepted into the program.
The Company reserves the right to reject any Affiliate application.
4.2 - AFFILIATE BENEFITS
Once an Affiliate’s Application has been accepted by BEAM Minerals™, the following benefits are available to the new Affiliate.
4.2.1 - ALL Affiliates receive:
- Affiliate Dashboard Access
- A custom 20% OFF Coupon code they can share with their followers
- A custom Affiliate link
- 15% Commission on orders that are associated with their custom link or coupon code
- Periodic discounts and sales available only to Affiliates
4.2.2 - "ACTIVE" Affiliates receive:
- Free Product: "Active" BM Affiliates receive free Electrolyze, Micro-BOOST, Electro-BOOST and Insta-Lytes, for their personal use, as long as they are actively participating in the program.
- Performance Rewards: To show our appreciation, BEAM Minerals will recognize high-performing Affiliates quarterly.
4.3 - REQUIREMENTS TO BE AN "ACTIVE" AFFILIATE
To be considered "Active", Affiliate’s must fulfill the following on a monthly basis:
- Fulfill Participation Requirements – BM Affiliates must fulfill Participation Requirements as defined in the Affiliate agreement on a monthly basis.
- Submit a Monthly Participation Activity Report – BM Affiliates must submit a Participation Activity Report by the 10th of the month.
- Generate Sales – BM Affiliates must have generated sales via their custom link or discount code in the previous 3 months.
SECTION 5 - OPERATING AS BEAM MINERALS™ AFFILIATE
5.1 - ADHERENCE TO BEAM MINERALS™ CODE OF ETHICS
Affiliates shall not require or encourage other current or prospective customers or Affiliates to execute any agreement or contract, other than official BEAM Minerals™ agreements, in order to become a BEAM Minerals™ Affiliate.
5.2 - BUSINESS ENTITIES
A Partnership, LLC or Corporation may hold an Affiliate role upon acceptance of their Affiliate Application. The person signing the application, on behalf of a business entity, must have the authority of said entity for entering into the transaction.
5.3 - CHANGES TO A BEAM MINERALS™ BUSINESS
5.3.1 - GENERAL
Each Affiliate must notify BEAM Minerals™ of all changes to the information contained in his or her Affiliate Application. Affiliates may modify their existing Affiliate information via their Affiliate Dashboard.
5.3.2 - Cancellation and Re-application
An Affiliate may cancel their Affiliate relationship by requesting cancellation via email to email@example.com at any time.
5.4 - UNAUTHORIZED CLAIMS AND ACTIONS
5.4.1 - Indemnification
An Affiliate is fully responsible for all of his or her verbal and written statements made regarding BEAM Minerals™ products that are not expressly contained in official BEAM Minerals™ materials. Affiliates agree to indemnify BEAM Minerals™ and BEAM Minerals™’s directors, officers, employees and agents and hold them harmless from any and all liability, including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by BEAM Minerals™ as a result of the Affiliate’s unauthorized representations or actions. This provision shall survive the termination of the Affiliate Agreement.
5.4.2 - Income Claims
Because Affiliates do not have the data necessary to comply with the legal requirements for making income claims, an Affiliate may NOT make income projections, income claims or disclose his or her BEAM Minerals™ Affiliate commissions.
5.5 - ERRORS OR QUESTIONS
If an Affiliate has questions about or believes any errors have been made regarding their Affiliate commissions, the Affiliate must notify the Corporate Office at firstname.lastname@example.org, in writing, within 15 days of the date of the purported error or incident in question. BEAM Minerals™ will not be responsible for any errors, omissions or problems not reported to the Company within that period.
5.6 - INCOME TAXES
Each Affiliate is responsible for paying local, state and federal taxes on any income generated as an Affiliate. If a BEAM Minerals™ business is tax exempt, the Federal Tax Identification Number must be provided to BEAM Minerals™. Every year, BEAM Minerals™ will provide IRS Form 1099 (non-employee compensation) earnings statement to each U.S. resident who (a) had earnings of over $600 in the previous calendar year.
Affiliates are required to provide a yearly W-9 to BEAM Minerals so that the company can issue 1099’s for tax purposes.
5.7 - INDEPENDENT CONTRACTOR STATUS
Affiliates are independent contractors and are not purchasers of a franchise or a business opportunity. The agreement between BEAM Minerals™ and its Affiliates does not create an employer/employee relationship, agency, partnership or joint venture between the Company and the Affiliate. Affiliates shall not be treated as an employee for his or her services or for federal or state tax purposes. All Affiliates are responsible for paying local, state and federal taxes due from all earnings as an Affiliate of the Company. The Affiliate has no authority (expressed or implied) to bind the Company to any obligation.
The name of BEAM Minerals™ and other names as may be adopted by BEAM Minerals™ are proprietary trade names, trademarks and service marks of BEAM Minerals™. As such, these marks are of great value to BEAM Minerals™ and are any copyrighted materials that are provided to Affiliates, are for their use only in an expressly authorized manner. Use of the BEAM Minerals™ name on any item not produced by the Company is prohibited.
All Affiliates may list themselves as a “BEAM Minerals™ Affiliate” in publications or online, however, Affiliates may not use the BEAM Minerals™ ’s name or logo in any other capacity.
Affiliates may not answer the telephone by saying “BEAM Minerals™” “BEAM Minerals™ Processing,” or in any other manner that would lead the caller to believe that they have reached the corporate offices of BEAM Minerals™ .
It is prohibited for an Affiliate to use an internet or email address that utilizes the trade name BEAM Minerals™, or includes BEAM Minerals™ in a portion of the address. It is also prohibited for an Affiliate to use any BEAM Minerals™, website materials on a website that references or relates to BEAM Minerals™ that is not authorized in writing by BEAM Minerals™. It is also prohibited for an Affiliate to place links to unauthorized websites or webpages onto a website or webpage that has been authorized by BEAM Minerals™.
5.8 - INTERNATIONAL MARKETING
Affiliates are only authorized to do business in the countries in which BEAM Minerals™ has announced are open for business in official Company literature.
5.9 - No TELEMARKETING
BEAM Minerals™ Affiliates will not engage in Telemarketing or advertising practices of any kind other than contacting people with whom they are personally connected via their personal network of friends, family and associates.
SECTION 6 - RESPONSIBILITIES OF AFFILIATES
6.2 - NON-DISPARAGEMENT
BEAM Minerals™ wants to provide its Affiliates with the best products and service in the industry. Accordingly, we value your constructive criticisms and comments. It is an Affiliates duty to bring their questions and concerns directly to the company so we can address them directly.
SECTION 7 - COMMISSIONS
7.1 - COMMISSIONS PAYOUTS
An Affiliate must be active and in compliance with the Agreement and these policies to qualify for commissions. So long as an Affiliate complies with the terms of the Agreement and these policies, BEAM Minerals™ shall pay Affiliate Commissions to such Affiliate in accordance with the current Affiliate Program.
7.2 - COMMISSION PAYMENTS AND PROMOTIONS
7.2.2 – Commissions Calculations & Viewing
Commissions will be calculated according to current Affiliate Program. Commission reports will be provided to Affiliates on-line, via web access.
7.2.1 – Payments
Payments will be made to Active Affiliates via PayPal on the 10th of each month. Affiliates are required to have a PayPal account to receive their commission payments.
7.3 - UNCLAIMED COMMISSIONS AND CREDITS
7.3.1 - Payments that remain uncollected by Affiliates after six months will be void.
SECTION 8 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
8.1 - DISCIPLINARY SANCTIONS
Violation of the Agreement, these Policies and Procedures or any illegal, fraudulent, deceptive or unethical business conduct by an Affiliate may result, at BEAM Minerals™ ’s discretion, in one or more of the following corrective measures:
Issuance of a written warning or admonition;
Requiring the Affiliate to take immediate corrective measures;
Loss of rights to one or more commissions;
The withholding from an Affiliate of all or part of the Affiliate’s commissions during the period that BEAM Minerals™ is investigating any conduct allegedly in violation of the Agreement. If an Affiliate’s business is canceled for disciplinary reasons, the Affiliate will not be entitled to recover any commissions withheld during the investigation period;
Suspension of the individual’s Affiliate Agreement for one or more commissions periods;
Involuntary termination of the offender’s Affiliate Agreement;
Any other measure expressly allowed within any provision of the Agreement or that BEAM Minerals™ deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Affiliate’s policy violation or contractual breach; or
In situations deemed appropriate by BEAM Minerals™, the Company may institute legal proceedings for monetary and/or equitable relief.
8.2 - GRIEVANCES AND COMPLAINTS
When an Affiliate has a grievance or complaint with another Affiliate regarding any practice or conduct in relationship to their respective BEAM Minerals™ relationships, the complaining Affiliate should report the problem to BEAM Minerals™ Affiliate Manager, who should review the matter and try to resolve it with the other Affiliate. If the matter cannot be resolved, the Company will review the facts and determine if a policy violation has occurred and take appropriate action.
8.3 - ARBITRATION
Any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association or other recognized arbitration service, under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Affiliates waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in the County of Multnomah, Oregon, unless the laws of the state in which an Affiliate resides expressly require the application of its laws, in which case the arbitration shall be held in the capital of that state. All parties shall be entitled to all discovery rights pursuant to the Federal Rules of Civil Procedure. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions, with a strong preference being an attorney knowledgeable in the direct selling industry, selected from the panel that the American Arbitration Panel provides. The prevailing party shall be entitled to receive from the losing party, OR each party to the arbitration shall be responsible for its own, costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitration shall survive any termination or expiration of the Agreement.
Nothing in these Policies and Procedures shall prevent BEAM Minerals™ from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect BEAM Minerals™ ’s interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
8.4 - GOVERNING LAW, JURISDICTION AND VENUE
Jurisdiction and venue of any matter not subject to arbitration shall reside in Multnomah County, State of Oregon. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Oregon shall govern all other matters relating to or arising from the Agreement.
SECTION 9 - INACTIVITY AND CANCELLATION
9.1 - EFFECT OF CANCELLATION
So long as an Affiliate remains active and complies with the terms of the Affiliate Agreement and these Policies and Procedures, BEAM Minerals™ shall pay commissions to such Affiliate in accordance with the current Affiliate Program. An Affiliate’s commissions constitute the entire consideration for the Affiliate’s efforts in generating sales and all activities related to generating sales. Following an Affiliate’s termination, the former Affiliate shall lose all rights as an Affiliate. This includes the right receive future commissions resulting from the sales and other activities of the Affiliate’s former customers. In the event of termination, Affiliates agree to waive all rights they may have, including but not limited to property rights, to their former customers and to any commissions derived from the sales activity of their former customers.
Following an Affiliate’s termination of his or her Affiliate Agreement, the former Affiliate shall not hold himself or herself out as a BEAM Minerals™ Affiliate. An Affiliate whose Affiliate Agreement is terminated shall receive commissions only for the last full period he or she was active, prior to the cancellation (less any amounts withheld during an investigation preceding an involuntary termination).
9.2 - INVOLUNTARY TERMINATION
An Affiliate’s violation of any of the terms of the Agreement, including any amendments that may be made by BEAM Minerals™ in its sole discretion, may result in any of the sanctions listed in Section 8.1, including the involuntary termination of his or her Affiliate Agreement. Cancellation shall be effective on the date on which written notice is mailed or delivered to the Affiliate’s last known physical or email address, or to his or her attorney, or when the Affiliate receives actual notice of termination, whichever occurs first.
9.3 - VOLUNTARY TERMINATION
An Affiliate has a right to cancel, at any time, regardless of reason. Termination must be submitted in writing, via email. The written notice must include the Affiliate’s signature, printed name and address. Affiliates who have resigned may re-apply to become an Affiliate with BEAM Minerals™ after 6 months.
9.4 - COMPLETE AGREEMENT
These Policies and Procedures, any and all modifications made by the Company, along with the Terms and Conditions and the current Affiliate Program make up the entire agreement between the Affiliate and Company.
By entering your name below, it acknowledges that you have read the policies and procedures.