POLICIES & PROCEDURES
1. Policies and Compensation Plan Incorporated into KeeXpert Agreement; Amendments. These Policies and Procedures, in their present form and as amended by HomXit Corporation, dba BeeKee (hereafter “HomXit”, “BeeKee” or the “Company”) as provided in Policy 2 below, are incorporated into the BeeKee Independent KeeXpert Agreement. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the BeeKee Independent KeeXpert Agreement, the Policies and Procedures, the BeeKee Compensation Plan, and the BeeKee Business Entity Addendum (the Business Entity Addendum is only applicable to KeeXperts who enroll as a business entity). Independent KeeXperts shall be referred to herein as “KeeXperts” or as “Independent KeeXperts”.
2. Amendments. The Company reserves the right to amend the Agreement from time to time as provided in this Policy 2. If the Company wishes to make any amendment to the Agreement, the following procedures shall be adhered to:
• The Company shall submit the proposed amendment to the Presidential HomXecutive Advisory Board;
• If at least 60% of the Presidential HomXecutive Advisory Board agrees to the proposed amendment, the amendment shall be published in the KeeXpert Back-Office;
• Amendments that have been approved by the Presidential HomXecutive Advisory Board shall be effective 30 days after notice and publication of the amended provisions in the KeeXpert Back-Office but amended policies shall not apply retroactively to conduct that occurred prior to the effective date of the amendment.
If fewer than 60% of the members of the Presidential HomXecutive Advisory Board approve of a proposed amendment, such proposed amendment shall not be implemented. The Presidential HomXecutive Advisory Board shall be comprised of all HomXecutives who have been paid at the Presidential HomXecutive rank at least one time during the 12 months immediately preceding the date that the proposed amendment is submitted by the Company.
Notwithstanding the foregoing, the Company may amend the prices that it charges for its products and services as well as the amount of the KeeXpert set up fee and monthly Back-Office and Technology Fee without the approval of the Presidential HomXecutive Advisory Board.
3. Policies and Provisions Severable. If any provision of the Agreement, in its current form or as amended, is held void or unenforceable by a court or arbitrator, only the void or unenforceable portion(s) of the provision shall be severed from the Agreement and the remaining provisions shall remain in effect. The severed provision shall be reformed so that it is in compliance with the law and reflects the purpose of the original provision as closely as possible. The existence of any claim or cause of action of a KeeXpert against BeeKee shall not constitute a defense to BeeKee’s enforcement of any term or provision of the Agreement.
4. Becoming a KeeXpert. To become a BeeKee KeeXpert, each applicant must:
• Be at least 18 years of age;
• Reside in and be a legal resident of the United States;
• Provide BeeKee with his or her valid Social Security or Federal Tax ID number;
· Submit a properly completed Independent KeeXpert Application and Agreement to BeeKee; and
· Pay the initial KeeXpert set up fee and thereafter pay the monthly Back-Office and Technology Fee. (The Initial KeeXpert set up fee is $99. The monthly Back-Office and Technology Fee (which commences 30 days after enrollment) is $15, except for residents of Alaska, Connecticut, North Carolina and South Carolina. For Alaska and South Carolina residents, the monthly fee is $13. For residents of Connecticut and North Carolina, the monthly fee is $9. These fees are optional for residents of North Dakota.)
BeeKee reserves the right to accept or reject any KeeXpert Application and Agreement for any reason or for no reason.
5. Initial Set-Up Fee and Monthly Back-Office and Technology Fee. Payment of the initial Set-Up Fee and the monthly Back-Office and Technology Fee grants KeeXpert access to the necessary tools and technology features that are necessary for the KeeXpert to operate his or her independent BeeKee business. Included with such tools and technology features are access to the Back-Office, customer relationship management (CRM) software, Marketing Tools, contact management, data storage, etc. Except for the payment of the initial Set-Up Fee and the monthly Back-Office and Technology Fee, a KeeXpert is not required to purchase any BeeKee products, services, or sales aids, or to pay any charge or fee to become or remain a KeeXpert.
6. Term and Renewal of a BeeKee Business. The term of this Agreement is month-to-month. A KeeXpert may cancel his/her BeeKee business at any time and for any reason. The Agreement automatically renews for an additional month upon the KeeXpert’s payment of his/her Back-Office and Technology Fee. A KeeXpert’s failure to pay his/her Back-Office and Technology Fee will result in the suspension of his/her BeeKee business until the fee is paid. If the Back-Office and Technology Fee is not paid for two consecutive months, the KeeXpert’s BeeKee business will be permanently cancelled. The payment of a monthly Back-Office and Technology Fee is not required for residents of North Dakota.
7. Independent Contractor Relationship. KeeXperts are independent contractors and not employees of BeeKee. In all written, graphic, or digital material used for BeeKee business purposes, KeeXperts must represent themselves as an “Independent BeeKee™ KeeXpert.” In verbal conversations with prospective KeeXperts and customers, KeeXperts must introduce themselves as an “independent BeeKee KeeXpert.” KeeXperts shall not lead anyone to believe that they are employees of BeeKee.
8. General Conduct. KeeXperts shall safeguard and promote the good reputation of BeeKee and its products, and must avoid all illegal, deceptive, misleading, unethical or immoral conduct or practices, and must exhibit high moral character in their personal and professional conduct. KeeXperts shall not engage in any conduct that may damage the Company’s goodwill or reputation. While it is impossible to specify all misconduct that would be contrary to this policy, and the following list is not a limitation on the standards of conduct to which KeeXperts must adhere pursuant to this policy, the following standards specifically apply to KeeXperts’ activities:
· Deceptive conduct is always prohibited. KeeXperts must ensure that their statements are truthful, fair, accurate, and are not misleading;
· If a KeeXpert’s BeeKee business is cancelled for any reason, the KeeXpert must discontinue using the BeeKee name, and all other BeeKee intellectual property, and all derivatives of such intellectual property, in postings on all Social Media, websites, or other promotional material.
· KeeXperts may not represent or imply that any state or federal government official, agency, or body has approved or endorses BeeKee, its program, or products.
· KeeXperts must not engage in any illegal, fraudulent, deceptive, or manipulative conduct in the course of their business or their personal lives that, in the Company’s sole discretion, could damage the Company’s reputation or the culture that exists within the field sales force.
9. Social Media. In addition to meeting all other requirements specified in these Policies, should a KeeXpert utilize any form of social media relating to their BeeKee business, including but not limited to blogs, Facebook, Twitter, Instagram, Pinterest, LinkedIn, or YouTube, the KeeXpert agrees to each of the following:
· KeeXperts are responsible for the content of all material that they produce and all of their postings on any social media platform, as well as all postings on any social media account or platform that they own, operate, or control.
· KeeXperts shall not make any social media postings, or link to or from any postings or other material, that reflects negatively on BeeKee, any of its products, BeeKee’s owners, management, or employees, or other BeeKee KeeXperts.
· KeeXperts shall 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, sexual orientation, 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 that is in violation of any intellectual property rights of the Company or any third party.
• No product sales or enrollments may occur on or through any social media account or platform. Product sales and KeeXpert and customer enrollments may only be processed through the BeeKee corporate website or an official BeeKee corporate social media page.
• Any social media account that is directly or indirectly operated or controlled by a KeeXpert that is used to discuss or promote BeeKee’s products, or the BeeKee opportunity may not link to any website, social media account or platform, or site of any other nature that promotes the products, services, or business program of any direct selling company other than BeeKee.
• During the term of this Agreement and for a period of 12 calendar months thereafter, a KeeXpert may not use any social media account through which he/she discusses or promotes, or discussed or promoted, the BeeKee business or BeeKee’s products to directly or indirectly solicit anyone for another direct selling, party plan, multilevel, or network marketing program (collectively and hereafter, “direct selling”).
• A KeeXpert shall not take any action on any social media account or platform on which he/she discusses or presents, or has discussed or presented, BeeKee’s products or the BeeKee opportunity that may reasonably be foreseen to draw an inquiry from other KeeXperts relating to the KeeXpert’s other direct selling business activities, services or products. Violation of this provision shall constitute a violation of the nonsolicitation provision in Policy 18.
• If a KeeXpert creates a business or group page or account on any social media platform to promote his/her BeeKee business or that relates to BeeKee and/or its products or opportunity, the page may not be used to promote or advertise the products, services, or opportunity of any other direct selling business. If the KeeXpert’s BeeKee business is cancelled for any reason or if the KeeXpert becomes inactive, the KeeXpert must deactivate the account and/or page.
10. KeeXpert Web Sites and Mobile Applications. KeeXperts may not create their own websites or mobile applications to promote their BeeKee businesses or BeeKee’s products and services, without the prior written consent of the Company. Official BeeKee digital content and tools are supplied to KeeXperts by the Company and are the only online forums through which BeeKee products may be sold and new BeeKee KeeXpert or customer enrollments may be transacted (prohibited online forums include, but are not limited to, KeeXperts’ external websites, online auctions, online classified listings websites, and social media accounts).
11. KeeXpert Created Marketing Tools. KeeXperts must use only BeeKee produced or BeeKee approved sales aids, advertising, promotional materials, websites, mobile applications, digital content, and marketing methods (collectively “Marketing Tools”) when promoting the BeeKee business or BeeKee’s products or services.
To ensure that any Marketing Tools that KeeXperts create or use a) are not deceptive, b) contain only substantiated claims, and c) properly identify BeeKee’s trademarks and copyrights, all Marketing Tools that a KeeXpert creates or has created on his/her behalf must adhered to the Company’s branding guidelines as posted in the Back-Office and be submitted to the Company for review. KeeXpert-created Marketing Tools may only be used or displayed to the public if the KeeXpert receives written approval from the Company. KeeXperts who receive written authorization from BeeKee to produce and publish Marketing Tools may make approved Marketing Tools available to other KeeXperts free of charge if they wish but may not sell the Marketing Tools to other KeeXperts. Any sale or attempt to sell Marketing Tools to another KeeXpert will result in the termination of the offending KeeXpert’s BeeKee Agreement. BeeKee reserves the right to rescind approval for any previously approved Marketing Tool, and KeeXperts waive all claims against BeeKee, its officers, directors, owners, employees, and agents for damages, expenses, costs, or remuneration of any other nature arising from or relating to such rescission.
BeeKee-produced Marketing Tools will be posted in the Marketing Library section of KeeXperts’ Back-Offices. Likewise, approved KeeXpert-created Marketing Tools may be posted in the Marketing Library section of KeeXperts’ Back-Offices and will be made available for all KeeXperts to use free of charge. A KeeXpert who has created an approved Marketing Tool grants BeeKee and other Independent KeeXperts an irrevocable and royalty-free license to use the Marketing Tool for BeeKee business purposes, and waives all claims, including but not limited to intellectual property rights claims, and/or claims for remuneration against BeeKee, its officers, directors, owners, agents, and other Independent KeeXperts for the posting and/or use of the Marketing Tools.
12. Trademarks and Copyrights. The name “BeeKee” and other names or logos as may be adopted by the Company are proprietary trade names, trademarks and service marks of BeeKee. The Company grants KeeXperts a limited license to use its trademarks and trade names in approved Marketing Tools for so long as the KeeXpert’s Agreement is in effect. Upon cancellation of a KeeXpert’s Agreement for any reason, the license shall expire and the KeeXpert shall immediately discontinue all use of the Company’s trademarks and trade names. Under no circumstances may a KeeXpert use any of BeeKee’s trademarks, logos, or trade names in any email address, website domain name, social media handle, social media name or address.
BeeKee commonly produces live and recorded events as well as webinars and telephone conference calls. During these events Company executives, KeeXperts, and guests appear and speak. The content of such events is copyrighted material that is owned exclusively by the Company. KeeXperts may not record company events or functions for any reason, whether such event is live, a webinar, via conference call, or delivered through any other medium.
In addition, Company produced Marketing Tools, videos, audios, podcasts, and printed materials are copyrighted. KeeXperts shall not copy any such materials for their personal or business use without the Company’s prior written approval. KeeXperts have approval to download, print, and/or copy Marketing Tools obtained from the Marketing Library provided no impermissible alterations are made to such materials and all copyright and trademark notifications are preserved.
13. Trade Shows and Professional Expositions. KeeXperts may display, promote, market and/or sell BeeKee products and services at trade shows and professional expositions. Before submitting a deposit to the event promoter, KeeXperts must contact the KeeXpert Services Department in writing for conditional approval, as BeeKee’s policy is to authorize only one BeeKee business per 100 booths per event. Final approval will be granted to the first KeeXpert who submits an official advertisement of the event, a copy of the contract signed by both the KeeXpert and the event official, and a receipt indicating that a deposit for the booth has been paid. Approval is given only for the event specified. Any requests to participate in future events must again be submitted to the KeeXpert Services Department. BeeKee further reserves the right to refuse authorization to participate at any function which it does not deem a suitable forum for the promotion of its products, services, or the BeeKee opportunity. KeeXperts must register under their own names (e.g., as Jane Doe, Independent KeeXpert) and not under the company’s name.
14. Change of Sponsor. The only means by which a KeeXpert may legitimately change his/her sponsor is by voluntarily canceling his/her BeeKee business in writing and remaining inactive for six full calendar months. Following the six-month period of inactivity, the former KeeXpert may reapply under a new sponsor. The KeeXpert will lose all rights to his/her former downline organization upon his/her cancellation.
In the event a KeeXpert improperly changes his/her sponsor, BeeKee reserves the sole and exclusive right to determine the final disposition of the downline organization that was developed by the KeeXpert in his/her second line of sponsorship. KEEXPERTS WAIVE ALL CLAIMS AGAINST BEEKEE, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AND AGENTS THAT RELATE TO OR ARISE FROM BEEKEE’S DECISION REGARDING THE DISPOSITION OF ANY DOWNLINE ORGANIZATION THAT DEVELOPS BELOW A KEEXPERT WHO HAS IMPROPERLY CHANGED HIS/HER SPONSOR.
15. Income Claims. When presenting or discussing the BeeKee opportunity or Compensation Plan to a prospective KeeXpert, KeeXperts may not make income projections, income claims, income testimonials, or disclose their BeeKee income (including, but not limited to, the showing of checks, copies of checks, bank statements, or tax records), or the income of any other BeeKee KeeXpert. Nor may KeeXperts make “lifestyle” income claims. A “lifestyle” income claim is a statement or depiction that infers or states that the KeeXpert can enjoy a luxurious or successful lifestyle due to the income they earn from their BeeKee business. Examples of prohibited lifestyle claims include, but are not limited to, representations (either through audio or visual medium) that a KeeXpert was able to quit his/her job, acquire expensive or luxury material possessions, or travel to exotic or expensive destinations.
16. Compensation Plan and Program Claims. When presenting or discussing the BeeKee compensation plan, KeeXperts must make it clear to prospects that financial success in BeeKee requires commitment, effort, and sales skill. Conversely, KeeXperts must never represent that one can be successful without diligently applying themselves. Examples of misrepresentations in this area include, but are not limited to:
• It’s a turnkey system.
• The system will do the work for you.
• Just get in and your downline will build through spillover.
• Just join and I’ll build your downline for you.
• The Company does all the work for you.
• You don’t have to sell anything.
• All you have to do is buy your products every month.
The above are just examples of improper representations about the compensation plan and the Company’s program. It is important that KeeXperts do not make these, or any other representations, that could lead a prospect to believe that they can be successful as a KeeXpert without commitment, effort, and sales skill.
17. Media Inquiries. KeeXperts must not interact with the media regarding the BeeKee business or products. All inquiries from the media, including radio, television, print, online, or any other medium, shall be directed to BeeKee’s Marketing Department.
18. Nonsolicitation. BeeKee KeeXperts are free to participate in other direct selling programs. However, during the term of this Agreement and for one year thereafter, except for a KeeXpert’s personally sponsored downline KeeXperts, a KeeXpert may not directly or indirectly recruit other BeeKee KeeXperts for any other direct selling business. The term “recruit” means the direct or indirect, actual or attempted, sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, another BeeKee KeeXpert to enroll or participate in another direct selling opportunity. This conduct constitutes recruiting even if the KeeXpert’s actions are in response to an inquiry made by another KeeXpert or customer.
If a KeeXpert is engaged in another direct selling program or business, it is the responsibility of the KeeXpert to ensure that his or her BeeKee business is operated entirely separate and apart from all other businesses and/or direct selling programs. To this end, the KeeXpert must not:
• Display BeeKee promotional materials, sales aids, or products with or in the same location as, any non-BeeKee promotional material or sales aids, products or services. (Except for group or business pages used to promote BeeKee products or opportunity, KeeXpert’s social media accounts are exempt from this policy.)
• Offer the BeeKee opportunity, products or services to prospective or existing customers or KeeXperts in conjunction with any non-BeeKee program, opportunity or products. (Except for group or business pages used to promote BeeKee products or opportunity, KeeXpert’s social media accounts are exempt from this policy.)
• Offer, discuss, or display any non-BeeKee opportunity, products, services or opportunity at any BeeKee-related meeting, seminar, convention, webinar, teleconference, or other function.
19. Targeting the Sales Force of Other Direct Sellers. BeeKee does not condone KeeXperts specifically or consciously targeting the sales force of another direct sales company to sell BeeKee products or to become KeeXperts for BeeKee, nor does BeeKee condone KeeXperts solicitation or enticement of members of the sales force of another direct sales company to violate the terms of their contract with such other company. Should a KeeXpert engage in such activity, the KeeXpert bears the risk of being sued by the other direct sales company. If any lawsuit, arbitration or mediation is brought against a KeeXpert by a third party alleging that he or she engaged in inappropriate recruiting activity of its sales force or customers, or in any way violated their contract with the third party, BeeKee will not pay any of the KeeXpert’s defense costs or legal fees, nor will BeeKee indemnify the KeeXpert for any judgment, award, or settlement. Should the third party bring or threaten legal action against BeeKee based on the conduct of the KeeXpert, the KeeXpert agrees that it shall indemnify BeeKee for all judgments, settlements, payments of any other nature, litigation costs, and attorney’s fees that BeeKee incurs in relation to such legal action or threat of legal action.
20. Handling Personal Information. If a KeeXpert receives Personal Information from or about a prospective KeeXpert or customer, it is the KeeXpert’s responsibility to maintain the security of such information and to destroy it when no longer needed; a KeeXpert should shred or irreversibly delete the Personal Information of others as soon as the KeeXpert no longer needs it. Personal Information is information that identifies, or permits a person or entity to contact, an individual. It includes an individual’s name, address, email address, phone number, credit card information, social security or tax identification number and other information associated with these details.
21. Confidential Information. “Confidential Information” includes, but is not limited to, the identities, contact information, and/or sales information relating to BeeKee’s KeeXperts and/or customers: (a) that is contained in or derived from any KeeXperts’ respective Back-Office; (b) that is derived from any reports issued by BeeKee to KeeXperts to assist them in operating and managing their BeeKee business; and/or (c) to which a KeeXpert would not have access or would not have acquired but for his/her affiliation with BeeKee. Confidential Information constitutes proprietary business trade secrets belonging exclusively to BeeKee and is provided to KeeXperts in strict confidence. Confidential Information shall not be directly or indirectly disclosed to any third party nor used for any purpose other than KeeXpert’s use in building and managing his/her Independent BeeKee business.
22. Bonus Buying. Bonus buying is strictly prohibited. Bonus buying is the purchase of merchandise or the subscription to BeeKee services for any reason other than bona fide use, or any mechanism or artifice to qualify for rank advancement or maintenance, incentives, prizes, commissions or bonuses that are not driven by bona fide product or services purchases by end user consumers for actual use.
23. Limitations on KeeXpert and Household Businesses. There may be no more than two BeeKee businesses per household. If there are two businesses in the household, both businesses must have the same Sponsor or one Household Business must be the immediate Sponsor of the other Household business. A “household” is defined as spouses or couples, and dependent children of one or both spouses or couples, living in the same home of the spouses or member of the couple, as well as dependent children of either spouse or member of the couple, while attending school away from home.
24. Actions of Household Members. If a household family member of a KeeXpert engages in conduct that would be a violation of the Agreement, the conduct of the household family member may be imputed to the KeeXpert.
25. Corporations and LLCs as KeeXperts. A KeeXpert who wishes to operate his or her independent BeeKee business as a corporation or limited liability company (LLC) may do so subject to the requirement that the corporation or LLC may have only one shareholder (corporation) or one member (LLC). Corporations or LLCs with more than one shareholder or member, respectively, may not enroll as KeeXperts. Corporations or LLCs that satisfy this requirement may enroll as BeeKee KeeXperts by completing the KeeXpert Application and Agreement and submitting a Corporation/LLC Addendum to the Company. Partnerships, trusts, or other types of business entities are not permitted to enroll as KeeXperts under any circumstance.
If a Corporation or LLC enrolls as a KeeXpert, the entity and its owner (and, if applicable, employees) must comply with the Agreement. If any of the foregoing violates the Agreement, BeeKee may take disciplinary action against the corporation or LLC.
26. Negative Comments. Complaints and concerns about BeeKee should be directed to the Customer Service Department (customerservice@BeeKee.com). KeeXperts must not disparage, demean, or make negative remarks to third parties or other KeeXperts about BeeKee, its owners, officers, directors, management, or employees, other BeeKee KeeXperts, or the Compensation Plan. Disputes or disagreements between any KeeXpert and BeeKee shall be resolved through the dispute resolution process, and the Company and KeeXperts agree specifically not to demean, discredit, or criticize one another on the Internet or any other public forum.
27. Adjustment to Bonuses and Commissions. Compensation stemming from product sales is fully earned when the applicable return, repurchase, and chargeback periods applicable to product sales have all expired. If a product is returned to BeeKee for a refund or is repurchased by the Company, or a chargeback occurs, the compensation attributable to the returned or repurchased product(s) will be recovered by the Company. Unearned compensation will be deducted, in the month in which the refund is issued or the chargeback occurs and continuing every pay period thereafter until the commission is recovered, from the upline KeeXperts who received bonuses and commissions on the sales of the refunded products.
BeeKee reserves the right to withhold from, or reduce, any KeeXpert’s compensation as it deems necessary to recover unearned compensation as described above or as necessary to comply with any garnishment or court order directing BeeKee to retain, hold, or redirect such compensation to a third party.
28. Refunds Upon Cancellation or Termination. There are no refunds for Back-Office and Technology fees upon the cancellation or termination of a KeeXpert’s Agreement except where required by applicable law or as set forth below.
• Maryland Residents. A KeeXpert who resides in Maryland may cancel the Agreement for any reason within 3 months after the date of receipt of goods or services first ordered; upon cancellation and receipt of a written request from the former KeeXpert, the Company will refund all fees paid to participate as a KeeXpert; and the refund shall be 90% of the original price paid by the KeeXpert.
• Montana Residents. A Montana resident may cancel his or her KeeXpert Agreement within 15 days from the date of enrollment and may return his or her sales kit within such time period and is entitled to a full refund for the sales kit and for any other consideration he/she paid in such time period to participate in the program.
• Louisiana, Massachusetts and Wyoming Residents. If a KeeXpert who resides in Louisiana, Massachusetts, or Wyoming cancels the Agreement, upon receipt of such KeeXpert’s written request, BeeKee will refund 90% of the costs incurred by the former KeeXpert to participate in the BeeKee program during the current year.
• Puerto Rico Residents. A KeeXpert who resides in Puerto Rico may cancel this Agreement at any time within 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 Agreement or any act or omission by the Company adversely affecting the interests of the KeeXpert in the development of the market of the properties or services. Cancellation must be sent to the Company in writing and sent via registered mail. If a resident of Puerto Rico cancels 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.
29. Disciplinary Sanctions. Violation of the Agreement, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by a KeeXpert that the Company reasonably believes may damage its reputation or goodwill, may result in the suspension or termination of the KeeXpert’s BeeKee business, and/or any other disciplinary measure that BeeKee deems appropriate to address the misconduct. In situations deemed appropriate by BeeKee, the Company may institute legal proceedings for monetary and/or equitable relief.
30. Indemnification. KeeXperts agree to indemnify BeeKee for all costs, expenses, consumer reimbursements, fines, sanctions, damages, settlements or payments of any other nature that BeeKee incurs resulting from or relating to any act or omission by KeeXpert that is illegal, fraudulent, deceptive, negligent, unethical, or in violation of the Agreement. BeeKee may elect to exercise its indemnification rights through withholding any compensation due the KeeXpert. This right of setoff shall not constitute BeeKee’s exclusive means of recovering or collecting funds due BeeKee pursuant to its right to indemnification.
31. Effect of Cancellation. A KeeXpert whose business is cancelled for any reason will lose all KeeXpert rights, benefits and privileges. This includes the right to represent yourself as an Independent BeeKee KeeXpert, to sell BeeKee products and services and the right to receive commissions, bonuses, or other income resulting from his/her own sales and the sales and other activities of the KeeXpert and the KeeXpert’s former downline sales organization. There is no whole or partial refund for tangible sales kits that are not currently marketable, Back-Office and Technology fees if a KeeXpert’s business is cancelled.
32. Compression. When a vacancy occurs in a downline organization due to the termination of a KeeXpert’s Agreement, each KeeXpert in the first level immediately below the terminated KeeXpert on the date of the cancellation will be moved to the first level (“front line”) of the terminated KeeXpert’s Sponsor. For example, if A sponsors B, and B sponsors C1, C2, and C3, if B terminates her business, C1, C2, and C3 will compress up to A and become part of A’s first level.
33. Cancellation of the Agreement by BeeKee. BeeKee may immediately terminate the Agreement of a KeeXpert that has violated any provision of the Agreement as provided in Policy 29 above. In addition, BeeKee reserves the right to terminate all KeeXpert Agreements upon 30 days’ notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products and/or services via network marketing (aka multilevel marketing).
If all KeeXpert Agreements are terminated by the Company due to the Company’s election to terminate the distribution of its products and/or services via network marketing, the Company shall make a payout to KeeXperts who, for each of the 12 months immediately preceding the announcement by the Company of its election to terminate the distribution of its services via network marketing, were paid at the rank of Senior HomXecutive or above. The amount of such payout shall be determined as follows:
• Both the Company and each affected KeeXpert shall engage the services of an independent business valuation service to determine the appraised value of each such independent BeeKee business.
• If for an affected independent BeeKee business the respective valuations are within 15% of each other, the amount of the payout shall be the average of the two valuations.
• If for an affected independent BeeKee business the respective valuations differ by more than 15%, the parties (the Company and the affected KeeXpert) may either:
• Agree on a valuation that is within the range of the two valuations; or
• Mutually select an independent business valuation service to value the subject independent BeeKee business. In this event, the valuation determined by the mutually selected independent business valuation service shall be the valuation upon which the payout is made.
34. Voluntary Cancellation. A participant in this direct selling plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address or by cancelling his/her business through the Back-Office. The written notice must include the KeeXpert’s signature, printed name, address, and KeeXpert I.D. Number. If a KeeXpert is also a Home Professional who has purchased the HomXcel service, such Home Professional’s subscription to the HomXcel service shall continue unless he or she also specifically requests that his or her HomXcel service also be canceled. A KeeXpert may also voluntarily cancel his/her BeeKee business by failing to renew the Agreement on its monthly renewal date or by withdrawing consent to contract electronically.
35. Cancellation for Inactivity. If a KeeXpert fails to earn a commission or bonus for six consecutive months, his/her KeeXpert Agreement and BeeKee business will be cancelled for inactivity. If a KeeXpert is also a Home Professional who has purchased the HomXcel service, such Home Professional’s subscription to the HomXcel service shall continue unless he or she specifically requests that his or her HomXcel service be canceled.
36. Reinstatement Following Cancellation. If a KeeXpert’s Agreement is voluntarily canceled by the KeeXpert (per Policy 34) or is canceled due to inactivity (Policy 35) and the KeeXpert requests reinstatement within 60 days of the cancellation date, if the Company grants the reinstatement request, the KeeXpert will be reinstated with his or her former downline organization intact. If the reinstatement occurs 60 or more days following the cancellation, the KeeXpert’s former downline will be compressed as provided in Policy 32.
37. Business Transfers. KeeXperts in good standing (for at least one year) who wish to sell or transfer their business must receive BeeKee’s prior written approval before the business may be transferred. Requests to transfer a business must be submitted in writing to the Compliance Department (compliance@BeeKee.com). It is within BeeKee’s discretion whether to allow a business sale or transfer, but such authorization shall not be unreasonably withheld. However, no business that is on disciplinary probation, suspension, or under disciplinary investigation may be transferred unless and until the disciplinary matter is resolved. Prior to transferring a business to a third party, the KeeXpert must offer BeeKee the right of first refusal to purchase the business on the same terms as negotiated with a third party. The Company shall have ten days to exercise its right of first refusal.
38. Death of a KeeXpert. The KeeXpert Agreement is a contract for personal services and therefore is not transferrable by will, other testamentary document, or intestacy. However, the estate of a deceased KeeXpert may sell the independent BeeKee business to a qualified purchaser, subject to the approval of Company. In the event the estate is not able to sell the subject business within 120 days of the date of the subject KeeXpert’s death, the KeeXpert Agreement shall automatically terminate—UNLESS the deceased KeeXpert had been paid at the rank of Senior HomXecutive or above for a minimum of 12 months prior to his or her death. In that event, the Company shall purchase the subject business from the estate upon the following terms:
· Both the Company and the estate shall engage the services of an independent business valuation service to determine the appraised value of the subject independent BeeKee business.
· If the respective valuations are within 15% of each other, the amount of the purchase price shall be the average of the two valuations.
· If the respective valuations differ by more than 15%, the parties (the Company and the estate) may either:
· Agree on a valuation that is within the range of the two valuations; or
· Mutually select an independent business valuation service to value the subject independent BeeKee business. In this event, the valuation determined by the mutually selected independent business valuation service shall be the valuation upon which the Company purchases the independent BeeKee business.
39. Incapacity of a KeeXpert. As stated in Policy 38, the KeeXpert Agreement is a contract for personal services. Therefore, upon the incapacity of a KeeXpert as determined by the Company, the incapacitated KeeXpert or his/her guardian, conservator, trustee, or similar may sell the independent BeeKee business to a qualified purchaser, subject to the approval of Company. In the event the seller is not able to sell the subject business within 120 days of the date that the subject KeeXpert is determined to be incapacitated by the Company, the KeeXpert Agreement shall automatically terminate—UNLESS the incapacitated KeeXpert had been paid at the rank of Senior HomXecutive or above for a minimum of 12 months prior to the date that the KeeXpert was determined to be incapacitated. In that event, the Company shall purchase the subject business from the KeeXpert upon the following terms:
· Both the Company and the KeeXpert (or his/her conservator, guardian, trustee or similar) shall engage the services of an independent business valuation service to determine the appraised value of the subject independent BeeKee business.
· If the respective valuations are within 15% of each other, the amount of the purchase price shall be the average of the two valuations.
· If the respective valuations differ by more than 15%, the parties (the Company and the incapacitated KeeXpert (or his/her conservator, guardian, trust, etc.) may either:
· Agree on a valuation that is within the range of the two valuations; or
· Mutually select an independent business valuation service to value the subject independent BeeKee business. In this event, the valuation determined by the mutually selected independent business valuation service shall be the valuation upon which the Company purchases the independent BeeKee business.
40. Business Distribution Upon Divorce. BeeKee is not able to divide commissions between divorced spouses, nor is it able to divide a downline organization between divorced spouses. Moreover, as noted above, the KeeXpert Agreement is a contract for personal services between the Company and the individual who entered into the Agreement with BeeKee. Consequently, in the event a KeeXpert and his/her spouse get divorced, any divorce settlement agreement or divorce decree must award the business in its entirety to the spouse whose name the KeeXpert Agreement is under. If the decree of divorce or the divorce settlement agreement between the two spouses does not award the business as required herein, then the spouse to whom the business was awarded shall have 120 days from the date that the divorce was finalized to sell the business, subject to the approval of the Company. If the business is not sold within such 120-day period, then the KeeXpert Agreement of the subject independent BeeKee business shall automatically terminate—UNLESS the independent BeeKee business had been paid at the rank of Senior HomXecutive or above for a minimum of 12 months prior to the date that the divorce was finalized. In that event, the Company shall purchase the subject business from the spouse to whom the business was awarded upon the following terms:
• Both the Company and such spouse shall engage the services of an independent business valuation service to determine the appraised value of the subject independent BeeKee business.
• If the respective valuations are within 15% of each other, the amount of the purchase price shall be the average of the two valuations.
• If the respective valuations differ by more than 15%, the parties (the Company and the said spouse may either:
• Agree on a valuation that is within the range of the two valuations; or
• Mutually select an independent business valuation service to value the subject independent BeeKee business. In this event, the valuation determined by the mutually selected independent business valuation service shall be the valuation upon which the Company purchases the independent BeeKee business.
41. Assignment and Delegation by BeeKee. BeeKee shall not assign its rights in the Agreement of any individual KeeXpert to any third party without the written consent of the KeeXpert. Notwithstanding the foregoing, if the assets of BeeKee, or a controlling ownership interest in BeeKee, are transferred to a third party, BeeKee may assign its rights and delegate its duties and obligations under the Agreement to such third party as part of the sale or transfer.
In the event the assets of BeeKee or a controlling interest in BeeKee are transferred to a third party through a merger or acquisition, and following such merger or acquisition the Company elects to terminate the distribution of the BeeKee services via network marketing pursuant to Policy 33 above, the Company shall make a payout to KeeXperts who, for each of the 12 months immediately preceding the announcement by the Company of its election to terminate the distribution of its services via network marketing, were paid at the rank of Senior HomXecutive or above. Such payout shall be determined as set forth in Policy 33.
42. Inducing KeeXperts to Violate the Agreement. KeeXperts shall not induce, encourage, or assist another KeeXpert to violate the Agreement.
43. Reporting Errors. If a KeeXpert believes that BeeKee has made an error in his/her compensation, the structure or organization of his/her genealogy, or any other error that impacts the KeeXpert’s income, he/she must report it to the Company in writing within 60 days from the date on which the mistake occurred. While BeeKee shall use its best efforts to correct errors reported more than 60 days after the date of the error, BeeKee shall not be responsible to make changes or remunerate KeeXperts for losses for mistakes that are reported more than 60 days after the mistake occurs.
44. International Activities. KeeXperts may not sell BeeKee products or conduct business activities of any nature in any foreign country that the Company has not announced is officially open for business.
45. Dispute Resolution.
a. Stages of Dispute Resolution and General Dispute Resolution Procedures. Disputes between the Company and a KeeXpert(s) that arise from or relate to the Agreement, the business operated by the KeeXpert, or the opportunity offered by the Company shall be resolved according to the three-step procedure of (a) informal negotiation; (b) non-binding mediation; and (c) trial before a court for claims under $25,000.00 so long as equitable relief is not also sought (except as set forth below), or binding confidential arbitration if the claim is for $25,000.00 or more and/or if equitable relief is sought. IF A CLAIM SEEKS DAMAGES FOR $25,000.00 OR MORE OR SEEKS EQUITABLE RELIEF (EXCEPT AS SET FORTH BELOW), THE PARTIES AGREE TO RESOLVE THE DISPUTE THROUGH BINDING ARBITRATION AND WAIVE CLAIMS TO A TRIAL BEFORE ANY COURT OR JURY.
The following shall apply to all proceedings under this dispute resolution policy:
· Any claim a party has against the other must be brought within one year from the date on which the act or omission giving rise to the claim occurred. In cases in which informal negotiation is required, once informal negotiation is requested in writing the one-year limitation of actions provisions in this policy shall be tolled until the completion of the mediation phase of this policy and for ten calendar days thereafter.
· At no time prior to completion of the negotiation and mediation procedures below shall either party initiate arbitration or litigation related to this Agreement or the business except as may be specified otherwise in this dispute resolution policy.
· All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation and/or mediation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in any court trial, arbitration, or in any other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation and/or mediation.
· Informal negotiations and mediation shall take place in Orange County, California unless the parties mutually agree on another forum. Informal negotiations and mediation shall take place telephonically if either party requests such and it is practicable to do so.
· If litigation is filed in court, the action may be brought in the jurisdiction in which either party resides or has its principal place of business.
· If arbitration is filed, the arbitration proceedings shall be held in Orange County, California.
Step 1 - Informal Negotiation. The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement or the Company’s business promptly by negotiation between the aggrieved KeeXpert(s) and executives of the Company who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement. A party may, at its election, choose to be accompanied in such negotiation by an attorney. If one party elects to have its attorney present, the other party must also agree to have its attorney present if that party has retained counsel. Each party shall be responsible for its own costs and expenses of incurred in the informal negotiation stage, including attorney’s fees and costs.
To institute the negotiation process, either party may give the other party written notice of any dispute not resolved in the normal course of business. Within 10 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity (a) a statement of each party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive and attorney who will accompany that party (if applicable), or the name of the KeeXpert and his/her attorney (if applicable) who will accompany him/her in the negotiation. Within 20 days after delivery of the notice, the parties and the attorneys (as applicable) of both parties shall meet at a mutually acceptable time and place. Such meeting may occur telephonically if one party requests that the meeting be held telephonically.
Unless otherwise agreed in writing by the negotiating parties, mediation may be initiated one business day following the close of the negotiation phase. The negotiation phase is “closed” when one party notifies the other in writing that it considers the negotiations “closed”. Such closure shall not preclude continuing or later negotiations if desired by both parties.
Step 2 – Mediation. If the parties are unsuccessful in resolving their dispute through good faith negotiation, the next step in the dispute resolution process is mediation. If a party elects to pursue mediation, the party shall submit a written request for mediation to the other party within 10 calendar days after the negotiation phase is completed. The parties shall have 10 calendar days following such request to select a mutually acceptable mediator. If the parties cannot agree on a mutually acceptable mediator, they shall apply to JAMS (www.jamsadr.com) to have a neutral mediator appointed.
If neither party timely requests mediation following the completion of the negotiation phase, the dispute shall be deemed resolved and no further action either via mediation, arbitration or litigation may be commenced without the agreement of both parties.
Mediation shall be conducted within 20 calendar days from the date on which the mediator is selected or appointed or as otherwise agreed upon by the parties and the mediator.
Unless otherwise agreed upon by the parties, the mediation shall be closed no later than 30 calendar days following the completion of the meeting between the mediator and the parties.
Each party shall be responsible for its own costs and expenses of incurred in mediation, including attorney’s fees and costs and filing fees. The mediator’s fees shall be split equally between the parties.
Step 3 – Arbitration or Litigation. If the dispute has not been resolved through informal negotiation and mediation as provided above, the next step is either arbitration or litigation as provided below. The prevailing party shall be entitled to receive from the losing party costs and expenses of arbitration or litigation, including attorney’s fees and costs and filing fees.
· Claims under $25,000.00 with no claim for equitable relief. If a claim seeks less than $25,000.00 and equitable relief is NOT sought, an action may be brought pursuant to the arbitration policy below if the parties agree. If the parties do not agree to settle the dispute through arbitration, a claim may be brought before the small claims court or the court of general jurisdiction in the county in which either party resides or has its principal place of business.
· Claims for $25,000.00 or more or claims seeking equitable relief - Confidential Binding Arbitration. If a claim seeks $25,000.00 or more, or seeks equitable relief, and the parties do not successfully resolve their dispute through the negotiation and mediation procedures above, the dispute shall be resolved through binding confidential arbitration as set forth below.
b. Arbitration Administered by JAMS. The arbitration shall be filed with and administered by JAMS in accordance with its Comprehensive Rules and Procedures, which are available on JAMS’ website at www.jamsadr.com/rules-comprehensive-arbitration/. Copies of JAMS Rules and Procedures will also be emailed to KeeXperts upon request to BeeKee’s Customer Service Department (customerservice@BeeKee.com). Notwithstanding the rules of JAMS, unless otherwise stipulated by the parties, the following shall apply to all Arbitration actions:
· The Federal Rules of Evidence shall apply in all cases.
· The parties shall be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure.
· The parties shall be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure.
· The arbitration hearing shall commence no later than 365 days from the date on which the arbitrator is appointed and shall last no more than five business days.
· The parties shall be allotted equal time to present their respective cases.
· The Arbitrator's Award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.
· Any dispute relating to whether the dispute is subject to arbitration shall be decided through arbitration.
c. Confidentiality. With the exception of discussing the claims with bona fide witnesses to the dispute, neither party (nor any of its attorneys, agents, employees, or proxies) shall verbally or in writing discuss, publish, or otherwise disseminate the claims, allegations, merits, evidence, positions, pleadings, testimony, rulings, awards, orders, issues, or any other aspect of the dispute to any third party, including but not limited to disclosure on the internet or on any social media or blog platform, prior to, during, or after any phase of the three steps of the dispute resolution process unless a specific exemption contained in this dispute resolution policy applies.
d. Liquidated Damages for Breach of the Confidentiality Obligation. If a party violates its confidentiality obligations under this dispute resolution policy, the non-breaching party shall incur significant damages to its reputation and goodwill that shall not be readily calculable. Therefore, if a party, its attorneys, agents, or a proxy of a party breaches the confidentiality provisions of this dispute resolution policy, the following shall apply:
· The non-breaching party shall be entitled to liquidated damages in the amount of $10,000.00 per violation, or $25,000.00 per violation if the disclosure is published on the internet, including but not limited to disclosure on any website or on any social media forum. Every disclosure of each claim, allegation, pleading, or other prohibited disclosure shall constitute a separate violation. Notwithstanding this confidentiality and liquidated damage provision, nothing herein shall limit the right or ability of a party to disclose evidence, claims, or allegations relating to the dispute to any individual who is, or who may be, a bona fide witness to the dispute. The parties agree that this liquidated damage amount is reasonable and waive all claims and defenses that it constitutes a penalty; AND
· Breach of the confidentiality provision by disseminating or publishing information described in subparagraph c above through any form of mass media (including but not limited to posting on the Internet or on any social media platform) by a party, a party’s agent, or a party’s proxy shall constitute an act of wanton and gross bad faith, and shall constitute a waiver of the beaching party’s right to pursue the claim(s) and/or defense(s) against the non-breaching party, and shall entitle the non-breaching party to a default judgment against the breaching party.
e. Emergency Relief. Either party may bring an action before JAMS seeking emergency relief to protect its intellectual property rights, including but not limited to protecting its rights pursuant to the non-solicitation provisions of these Policies and Procedures. A claim or cause of action seeking emergency relief shall be brought pursuant to the Emergency Relief Procedures in JAMS Comprehensive Rules and Procedures, available at https://www.jamsadr.com/rules-comprehensive-arbitration/#Rule%202, or by contacting the Customer Service Department (customerservice@BeeKee.com). The parties agree that any violation of the Confidential Information (Policy 21) or Nonsolicitation (Policy 18) provisions of these Policies and Procedures shall entitle BeeKee to emergency and permanent equitable relief because: (a) there shall be no adequate remedy at law; (b) BeeKee shall suffer immediate and irreparable harm should such policies be breached; and (c) if emergency and permanent equitable relief is not granted, the injury to BeeKee shall outweigh the potential harm to KeeXpert if emergency and/or permanent equitable relief is granted.
f. Disputes Not Subject the Three-Step Dispute Resolution Procedure. A party need not go through the informal negotiation or mediation steps in the following situations:
· Action to Enforce Arbitration Award or Order. Either party may bring an action in a court properly vested with jurisdiction to enforce an Arbitration award or order, including but not limited to an order for emergency relief.
· Petitions for Emergency Relief. If a party deems it necessary to seek emergency relief to protect its interests, it may seek emergency relief as set forth in this dispute resolution policy without engaging in the negotiation or mediation process set forth above. Notwithstanding the foregoing, the parties are encouraged, but not required, to engage in negotiation and or mediation concurrently with any pending request for emergency relief.
· Public Injunctive Relief. If public injunctive relief is authorized by federal or state statute, an action may be brought before a court properly vested with jurisdiction over the parties so long as: (a) the relief sought is limited to public injunctive relief that is authorized by federal or state statute; and (b) the public injunctive relief is unavailable through arbitration proceedings hereunder. Note that the confidentiality provisions and corresponding liquidated damages provisions for breach of the confidentiality provision contained in this dispute resolution policy shall remain in effect for claims and actions brought under this exception to the three-step dispute resolution process unless such action is brought before a court and the disclosure is related solely to material that is not filed with the court under seal or pursuant to a protective order.
· Disciplinary Sanctions. The Company shall not be required to engage in the three-step dispute resolution process prior to imposing disciplinary sanction for violation of the Agreement.
g. Remedies. Remedies available to KeeXperts under U.S. federal laws and the state and local laws of a KeeXpert’s state of residence shall remain available to the KeeXpert in any arbitration proceeding.
46. Class Action Waiver. All disputes, whether pursued through arbitration or before the courts, that arise from or relate to the Agreement, that arise from or relate to the BeeKee business, or that arise from or relate to the relationship between the parties, shall be brought and proceed on an individual basis. The parties waive their rights to pursue any action against the other party and/or their respective owners, officers, directors and agents, on a class or consolidated basis. You may opt out of this class action waiver if you wish by submitting written notice to the Company of your desire to opt out within 30 days from the date on which you enroll as a KeeXpert. Submit your written opt-out notice to the Compliance Department (compliance@BeeKee.com).
47. Governing Law. The Federal Arbitration Act shall govern all matters relating to arbitration. Except as otherwise specifically referenced in these Policies and Procedures, the law of the State of California, without regard to principals of conflicts of laws, shall govern all other matters relating to or arising from the Agreement, the BeeKee business, the relationship between the parties, or any other claim between the parties. Notwithstanding the foregoing, if a dispute is brought in a small claims court properly vested with jurisdiction, the law of the state in which the small claims court resides shall apply.
48. Damages for Wrongful Termination. In any case which arises from or relates to the wrongful termination of a KeeXpert’s Agreement and/or independent business, the parties agree that damages will be extremely difficult to ascertain. Therefore, the parties stipulate that if the involuntary termination of a KeeXpert’s Agreement and/or loss of their independent business is proven and held to be wrongful under any theory of law, KeeXpert’s sole remedy shall be liquidated damages calculated as follows:
· For KeeXperts at the “Paid As” rank of KeeXpert, Senior KeeXpert, or HomXecutive, liquidated damages shall be in the amount of the gross compensation that he/she earned pursuant to BeeKee’s Compensation Plan in the twelve (12) months immediately preceding the termination.
· For KeeXperts at the “Paid As” rank of Senior HomXecutive and above, liquidated damages shall be based on an independent valuation of the subject independent BeeKee business as determined by a professional business valuation service appointed by the arbitrator or court, as the case may be. The Company shall be responsible for the payment of the business valuation service’s fees and costs.
Gross compensation shall include commissions and bonuses earned by the KeeXpert pursuant to BeeKee’s Compensation Plan. The parties agree that the foregoing liquidated damage schedule is fair and reasonable.
A KeeXpert’s “Paid As” rank is the rank or title at which they qualify to earn compensation under the BeeKee Compensation Plan during a pay-period. For purposes of this policy, the relevant pay-period to determine a KeeXpert’s “Paid As” rank is the pay-period during which the KeeXpert’s business is placed on suspension or terminated, whichever occurs first. The “Paid As” rank differs from the “Title Rank,” which is the highest title or rank that a KeeXpert has ever achieved under the BeeKee Compensation Plan.
49. Damage Waiver. In any action arising from or relating to the Agreement, the BeeKee business, or the relationship between the parties, the parties waive all claims for incidental and/or consequential damages, even if the other party has been apprised of the likelihood of such damage. The parties further waive all claims to exemplary and punitive damages. Nothing in this policy shall restrict or limit a party’s right to recover liquidated damages as set forth in these Policies and Procedures.
50. Louisiana Residents. The foregoing dispute resolution provisions shall apply to Louisiana residents with the exception that Louisiana residents may bring an arbitration action in his/her home forum and pursuant to Louisiana law.