POLICIES AND PROCEDURES

1. 	Introduction and Definitions

These Policies & Procedures are effective 1 April 2018. These Policies & Procedures replace and supersede all previous versions of AF-1 products and EINS NETZWERK SDN BHD (No. 1094230-P)(previously known as Empireone Global Sdn Bhd) Policies & Procedures.

These Policies & Procedures govern the relationship between EINS NETZWERK SDN BHD (No. 1094230-P)(hereafter “EINS” or the “Company”), its independent Dealers, Preferred Customers (or VVIP) and customers.

The Policies & Procedures, in their present form and as amended at the sole discretion of the Company, are incorporated by reference into, and form an integral part of, the EINS dealership and/or distributorship Agreement. Throughout these Policies & Procedures, when the term “Agreement” is used, it collectively refers to the EINS Dealer Application and Agreement, all Policies & Procedures, the EINS Compensation Plan, the EINS Rewards Plan, the Application Form and Form(s) (if applicable). It is the responsibility of each Distributor, Dealer to read, understand, adhere to and ensure that he or she is aware of and operating under the most current version of these Policies & Procedures. When referring or enrolling a new Dealer, it is the responsibility of the Referring Dealer to provide the most current version of the Policies & Procedures to the applicant prior to his or her execution of the Dealer Agreement.

1.1. 	Definitions

Corporation/Partnership Information Form (if any): EINS corporation, partnership, Enterprise, Sendirian Berhad, Berhad or Trust applying for an EINS Dealership must complete and sign the Corporation/Partnership Information Form.

Dealer: An individual who has completed an EINS Dealer Application and Agreement and for whom EINS has accepted such an Agreement and is therefore authorized to purchase EINS products directly from the Company at wholesale price.

Dealers may refer others into EINS and participate in EINS’s Compensation Plan and/or Rewards Plan.

Dealer Agreement or Agreement: The term Dealer Agreement or Agreement refers to the Provisions, Terms and Conditions contained in the EINS Dealer Application and Agreement, the EINS Compensation Plan, Rewards Plan and these Policies & Procedures, and the Corporation/Partnership Information Form (where applicable) in their current form and as may be amended in the future by EINS at its discretion.

Preferred Customer: An individual who purchases EINS products directly from EINS through a EINS Website. Product is purchased at wholesale price and is for personal use only and not for resale purposes. 

Referral: An active Dealer who successfully introduces an individual to EINS as a Dealer.

2.	Becoming an EINS Dealer and Dealership Operation

2.1. 	Requirements for Becoming an EINS Dealer

To become an EINS Dealer, each applicant must:

a)	be individual and 18 years of age or older;
b) 	reside in the Malaysia or other country in which EINS has officially announced its business presence;
c) 	Malaysian must provide a valid Identity card number. Dealers that fail to provide the Identity card number will be subject to income tax backup withholding on any commission payments that are paid to the Dealer. Residents of other countries in which EINS conducts business must provide the documentation required by their respective taxing authorities;
d) 	where required, register with the appropriate government agencies to do business in the Malaysia.
e) 	purchase EINS’ Products where applicable;
f) 	Submit a properly completed and signed Dealer Application and Agreement to EINS. EINS reserves the right to reject a new Dealer Application and Agreement form for any reason.


2.2. 	EINS’ Product

All Dealers are required to purchase a EINS’ Product at the time they apply to be a Dealer and its purchase price is non-refundable and not subject to any repurchase obligation after the applicant’s right-to-cancel period has expired.

Upon acceptance of the Application, the Dealer will be sent a letter of acceptance vide its website or the confirmation on the acceptance, a Dealer Identification Number and a letter providing the Dealer’s secure website password and pin number (if any).




2.3	International Dealers (If Any)

EINS considers any EINS Dealer Agreement completed outside the Malaysia to be invalid, unless the Dealer is properly registered with another EINS office. Each EINS international office has its own Dealer Agreement and the Dealership is not transferable between countries.

2.4	Accuracy of Information

By signing the Application Form, the applicant confirms the information contained in the Dealer Application is accurate and agrees to be bound by the terms and conditions of the Agreement. If EINS discovers a Dealer has falsified a Dealer Agreement or provided inaccurate information, it may immediately cancel that Dealership. Any bonuses paid to the Dealership may be recovered by EINS, and appropriate legal action may be taken.

2.5	Amendments to Policies & Procedures

EINS reserves the right to amend the Agreement, the Compensation Plan and the Rewards Plan from time to time the Company deem appropriate. The Company shall provide or make available to all Dealers a complete copy of the amended provisions by one or more of the following methods: (1) posting on the Company’s official web site, www.eins2u.com; (2) electronic mail (email); (3) inclusion in Company periodicals; (4) inclusion in product orders or bonus checks; (5) special mailings; or (6) memo boards. The continuation of a Dealer’s EINS business or a Dealer’s acceptance of commissions/bonuses constitutes acceptance of any and all amendments.

2.6	No Product Purchase Required

Upon EINS’s acceptance of the applicant as a Dealer, the Agreement becomes binding on the parties. Other than the purchase of EINS’ Product, no other purchases are required of applicants for Dealership.

2.7	Business Entities and Assumed Names

A corporation, partnership, Enterprise, Sendirian Berhad, Berhad, trust or other business entity(collectively referred to in this section as a “Business Entity”). Owners of the entity, whether they be shareholders, partners, members or trustees, are jointly and severally liable for any indebtedness or other obligation to EINS..
	
2.8	Independent Contractor Status

EINS’s Dealers are independent contractors whose success or failure depends on their own efforts. EINS’s Dealers are responsible for all self-employment taxes, as well as for any taxes due from income earned as a Dealer. The relationship between EINS and its Dealers does not create an employer/employee relationship, agency, partnership or joint venture between the Company and the Dealer. Dealers shall not be treated as employees for federal, state or provincial tax purposes, employment security, workers compensation or any other reason. The Dealer has no authority (expressed or implied) to bind the Company to any obligation.

2.9	One Dealership per Person

No individual may have, operate or receive compensation from more than one EINS business.

2.9.1.	Multiple Interests Prohibited

Neither individuals nor legal entities may have any direct or indirect ownership or other beneficial interest in more than one Dealership at a time and/or may not directly or indirectly receive income from more than one Dealership.

2.9.2. 	Family Members

An individual and all family members may become a Dealer or otherwise obtain a direct or Indirect ownership or income interest in a Dealership. No joint account allowed.


2.10 	Importing and Exporting Products

EINS grants to its Dealers a non-exclusive right upon the terms and conditions contained in the Agreement to purchase and resell EINS products in Malaysia. EINS’s products have been specifically formulated, manufactured, and labeled to comply with Malaysia regulatory requirements. Dealers may not import or export A-Fusion products to or from any other country.

2.11	Product and Package Tampering

Dealers shall not modify or alter in any way EINS products or packaging, literature, sales tools or any other item produced by EINS. In particular, Dealers may not repackage, re-label, refill or alter the labels on any EINS products, information, materials or programs in any way. EINS products must be sold in their original containers.

2.12	Indemnification

Dealers are legally responsible for their actions and any verbal and/or written statements made regarding EINS products, services, the Compensation Plan and the Rewards Plan. Dealers shall indemnify EINS and its directors, officers, employees and agents, and hold them harmless from and against any claim, demand, liability, loss, cost or expense (including, but not limited to, reasonable legal fees) arising, or alleged to arise, as a result of the Dealer’s unauthorized claims, representations or actions, including but not limited to re-labeling or re-packaging product. This provision shall survive the termination of the Dealer Agreement.

2.13	Conformity with Laws

Dealers are required to abide by the laws of the Malaysia, as well as all applicable local, state and provincial laws in the jurisdictions in which they operate their business. Moreover, neither federal nor state regulatory agencies approve or endorse any direct selling or network marketing companies or programs. Therefore, Dealers shall not represent or imply that EINS, its Compensation Plan or Rewards Plan have been “approved,” “endorsed” or otherwise sanctioned by any government agency.

2.14	No Disparagement

EINS welcomes constructive criticism from Dealers. Comments can be submitted to the Dealer Services Department. However, Dealers must not disparage, demean or make negative remarks to any third person or other EINS Dealer about EINS, other EINS Dealers, EINS’s products, the Compensation Plan, Rewards Plan or EINS’s directors, officers or employees.

2.15	Reporting Policy Violations

Dealers observing a policy violation by another Dealer should submit a written report of the violation directly to the attention of the EINS Dealer Services Department. Details of the incidents such as dates, number of occurrences, persons involved and any supporting documentation should be included in the report.

2.16	Changes of Name or Address

All name and/or address changes must be submitted to EINS’s office in writing. To notify EINS of a change of name and/or address, a Dealer must send written notice via mail, fax or email (cs@af2u.com.my) to the Dealer Services Department 

2.17	Transfer or Assignment of Dealership

No Transferring of Sales and Dealership are allowed altogether.

2.18	Successors and Assignees

The Agreement shall be binding upon the parties hereto and their respective successors and assignees.

2.19	Succession

Upon the death or incapacitation of a Dealer, his or her business may be passed to his or her heirs. Appropriate legal documentation and/or the Grant of Probate and/or Letter of Administration must be submitted to the Company to ensure the transfer is proper. In all cases the successor(s) must:

a) execute a Dealer Agreement;
b) comply with the terms and provisions of the Agreement; and
c) meet all of the qualifications for the deceased or incapacitated Dealer’s status.

    2.19.1	Transfer upon Death of a Dealer

To effect a testamentary transfer of EINS business, the successor must provide the following to EINS: (1) an original death certificate; (2) notarized letters, testamentary or other appropriate documentation issued by the probate court appointing an executor of the estate; (3) written instructions from the executor of the estate directing EINS on the appropriate disposition of the Dealership and accrued income; and (4) a completed Dealer Agreement executed by the beneficiary and provides an Identification Card.

    2.19.2	Transfer upon Incapacitation of a Dealer
	
    No transferring allowed with whatsoever reasons

2.20 	Transfer of an EINS Business upon Separation or Divorce

    In event of any separation or divorce, no transfer or termination of account is allowed.

2.21	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 Malaysian Arbitration Association under its Commercial Arbitration Rules; and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties waive all rights to trial by jury or to any court except as otherwise specified herein. All arbitration proceedings shall be held in Malaysia, unless the laws of the state in which a Dealer 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, and the Federal Rules of Evidence shall apply during all arbitration hearings. 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. 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 & Procedures shall prevent EINS from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other equitable relief available to safeguard and protect the parties’ interests 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.

2.22	Governing Law, Jurisdiction and Venue

Jurisdiction and venue of any matter not subject to arbitration. The Malaysian law, without regard to its principles of conflicts of law, shall govern all other matters relating to or arising from the Agreement unless the laws of the state in which a Dealer resides expressly requires the application of its laws.

2.23	Policies and Provisions Severable

If any provision of the Dealer Agreement, or portion of any provision, in its current form or as may be amended, is found to be invalid or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid, or unenforceable provision never comprised a part of the Dealer Agreement. The severed portion of the Dealer Agreement shall be amended so as to effectuate the provision as nearly as possible.

2.24	Waiver

The Company never relinquishes its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of EINS to exercise any right or power under the Agreement or to insist upon strict compliance by a Dealer 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 EINS’s right to demand compliance with the Agreement. Waiver by EINS can be affected only in writing by an authorized officer of the Company. EINS’s waiver of any particular breach by a Dealer shall not affect or impair EINS’s rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other Dealer. Nor shall any delay or omission by EINS to exercise any right arising from a breach affect or impair EINS’s rights as to that or any subsequent breach. The existence of any claim or cause of action of a Dealer against EINS shall not constitute a defense to EINS’s enforcement of any term or provision of the Agreement.


3. 	Referring

Referring is the process wherein a Dealer in good standing signs up an applicant for an EINS Dealership. Upon acceptance by EINS of an applicant’s Dealer Agreement, the new Dealer (applicant) takes his or her place in the EINS’ program.


3.1	Responsibilities

A Referral’s responsibilities include, but are not limited to:

a) providing the most current version of the Policies & Procedures, the Compensation Plan and the Rewards Plan before the    applicant signs a Dealer Agreement. 
b) assisting members he or she directly or indirectly Referrals to understand and comply with EINS’s Policies & Procedures.
c) providing the training and education necessary for a new Dealer to understand the business;


3.2	Holding Applications or Orders

Dealers must not manipulate enrollments of new applicants and purchases of products. All Dealer Applications and Agreements and product orders must be sent to EINS as soon as possible, but no later than one week from the time they are signed by a Dealer or placed by a customer, respectively.

3.3	Non solicitation

EINS Dealers are independent contractors and as such are free to participate in other businesses or programs. However, during the term of this Agreement, Dealers may not directly or indirectly recruit, solicit, Referral, or attempt to recruit, solicit, or Referral, any EINS Dealers or Preferred Customers to participate in any other network marketing company. Following the cancellation of a Dealer’s Agreement, and for a period of 12 calendar months thereafter, the former Dealer may not Referral, recruit, solicit, enroll, encourage or influence in any way, or attempt any of the foregoing, either directly or indirectly, any EINS Dealer to enroll or participate in another network marketing opportunity.

The parties further agree that: (1) due to the geographically broad dispersion of the company’s Dealers; and (2) the nature of the Company’s business program, which utilizes networks of Dealers to sell its goods and services, and that these networks are widely disbursed throughout the Asian and other international locations; and (3)Dealers network with one another via the Internet and telephone, so it is not necessary to be in close geographic proximity to other Dealers to be an effective network marketer; it is reasonable to apply this non solicitation provision to all of the company’s Dealers regardless of their geographic location. Therefore, the parties waive any and all claims and defenses that this non solicitation covenant is unenforceable due to its broad geographic scope.

3.4	Conflicts of Interest

Dealers must not sell, or attempt to sell, any competing non- EINS products or services to any EINS retail customers, Preferred Customers or Dealers. Any product or service in the same generic category as an EINS product or service is deemed to be competing. Dealers may not display EINS products or services with any other products or services in a fashion that might in any way confuse or mislead a prospective customer, Preferred Customer or Dealer into believing that there is a relationship between the EINS and non- EINS products or services. Dealers may not offer the A-Fusion opportunity, products or services in conjunction with any non-EINS program, opportunity, product or service. Dealers may not offer any non-A-Fusion opportunity, products or services at any EINS -related meeting, seminar or convention, or immediately following such an event.

3.5	Cross-line Referring

Cross-line Referring is strictly prohibited. Cross-line Referring is the enrollment of an individual who, or entity that, already has a current Dealer Agreement on file with EINS, or who has had such an agreement within the preceding 12 calendar months. The enrollment of a spouse, household member, business entity, or any other artifice or strawman, under a Referral other than the Dealer’s original Referral to circumvent this policy also constitutes prohibited cross-line Referring. If a cross-line Referring situation occurs, EINS may take disciplinary action against those Dealers who violated the policy and those that encouraged or assisted them to violate the policy. EINS may elect, but is under no obligation, to move all or part of the organization below a Dealer who improperly changes Referrals back to the organization of the original Referral. However, EINS is under no obligation to do so, and the ultimate disposition of a EINS program will be determined on a case-by-case basis at EINS’s sole discretion. DEALERS WAIVE ANY AND ALL CLAIMS AGAINST EINS THAT RELATE TO OR ARISE FROM EINS’S DECISION REGARDING THE DISPOSITION OF THE DEALER FROM THE COMPANY’S PROGRAM AND COMPENSATION PLAN.

3.6	Referral Changes

No changes or transferring allowed at all time.

3.7	Change of Status

A Dealer who wishes to change his or her status from an individual Dealer to a Corporation, Partnership, Enterprise, Sendirian Berhad or trust Dealership are not allowed.


4. Ethics and Policy Violations

4.1	Ethical Compliance
    
Dealers shall not engage in any unlawful or unethical activity, or perform any act or omission that may reasonably be viewed as actually or potentially damaging to EINS’s business, reputation and/or goodwill.

4.2	Violation of Ethics and/or the Agreement

Violation of the Agreement, including these Policies & Procedures, or any illegal, fraudulent, deceptive or unethical business conduct, or conduct which EINS reasonably believes is detrimental to its goodwill and reputation, by a Dealer may result, at EINS’s discretion, in one or more of the following measures:

a.	Issuance of a written warning, clarifying the meaning and application of a specific policy or procedure, and admonishment that a subsequent violation will result in the imposition of further sanctions;
b.	Probation, which may include requiring a Dealer to take remedial action as well as follow-up monitoring by EINS to ensure compliance;
c.	Suspension of the Dealer’s EINS business. A suspended Dealer shall not be entitled to participate in any EINS functions and shall not be entitled to earn, receive, or recover commissions withheld by EINS during the suspension;
d.	Withdrawal or denial of an award and/or recognition in company publications, or restriction of participation in company-Referred events for a specified period of time or until certain conditions are satisfied;
e.	Suspension of all or certain privileges of a Dealership, including, but not limited to: ordering privileges, participating in company programs, advancement in the Compensation Plan or Rewards Plan, or participating as a Referral for a specified period of time or until certain conditions are satisfied;
    f.	Termination of the Dealership; or
g.	Any other measures expressly allowed within any provision of the Agreement or which EINS deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Dealer’s conduct.

During an investigation of a Dealer’s alleged misconduct, EINS may suspend the Dealer and withhold his or her commissions and bonuses. If it is determined that the Dealer was in violation of A-Fusion’s policies or the Dealer Agreement, or if the Dealer cancels his or her Dealer Agreement while the investigation is pending, the Dealer shall not be entitled to recover withheld commissions. If an investigation determines that no violation occurred, EINS will reinstate the Dealer and reimburse all withheld commissions to the Dealer. In situations deemed appropriate by EINS, the Company may institute legal proceedings for monetary and/or equitable relief.

4.3	Imputed Liability

If any member of a Dealer’s immediate household engages in any activity that, if performed by the Dealer, would violate any provision of the Agreement, such activity will be deemed a violation by the Dealer and EINS may take disciplinary action pursuant to the Agreement against the Dealer. Similarly, if any individual associated in any way with a corporation, partnership, LLC, trust, DBA or other entity violates the Agreement, such action(s) will be deemed a violation by the entity and each of its members, shareholders, owners, managers, or other principals, and EINS may take disciplinary action jointly and severally against the entity and each of its members, shareholders, owners, managers, or other principals.

4.4	Involuntary Termination

Any violation of any of the terms of the Agreement, including any amendments, by a Dealer may result in any of the sanctions provided in, but not limited to, Section 4.2. The termination procedure shall be carried out as follows.

a. EINS will send written notification of the termination of the Dealership to the Dealership owner of record.
b. Said Dealer will then have 10 business days in which to appeal the termination in writing to EINS.
c. Upon receipt of a written appeal, EINS will then consider the appeal and notify the Dealer of its final decision.
d. If the Company elects to terminate the Dealer Agreement of a Dealer that is on suspension, the termination shall be effective on the date on which the written notice of suspension was sent to the Dealer.
e. Written notices of termination may be made by any reasonably commercial means, including but not limited to email, Pos Malaysia, registered or certified mail, and/or overnight courier.

4.5	Voluntary Resignation

Dealers are not allow to terminate their Dealership at any time, regardless of reason.

4.6	Effect of Termination

A Dealer whose business is terminated will lose all rights as a Dealer. This includes the right to sell EINS products and services and the right to receive commissions, bonuses or other income resulting from the sales and other activities of the Company’s program and benefit. In the event of termination, Dealers agree to waive all rights they may have, including but not limited to property rights, and to any bonuses, commissions or other remuneration derived from the sales and other activities provided by the Company.

4.7	Reapplying after Termination

If a Dealership is terminated for any reason they must wait for twelve (12) calendar months before they can reapply to become an EINS Dealer. The new Dealer shall be back to the original branch.


5.	Ordering Products

5.1	Placing an Order

Dealers may place their orders by telephone, mail, fax or via EINS’s website (www.eins2u.com). For an order to be completed, it must be paid for in advance.

    5.1.1	Monthly Placement of Order

For an order to be included in a specific month’s bonus qualifications, EINS must receive the order by the last calendar day of that month. If the last calendar day falls on a weekend or holiday, the next business day is considered the last calendar day.

5.1.2	Telephone and Fax Orders

EINS must receive all telephone and fax orders in legible form by 6 p.m. (Malaysia Time) on the last calendar day of the month. If the last calendar day falls on a weekend or holiday, the next business day is considered the last calendar day.

    5.1.3	Internet Orders

Orders via the www.eins2u.com website must be placed by 12:00 midnight (Malaysia Time) on the last calendar day of the month.

    5.1.4	Orders via Postal Service

All orders placed by mail must be postmarked no later than the last calendar day of the month and received by the EINS office on or before the fifth calendar day of the following month to be included in the prior month’s bonus qualifications. EINS is not responsible for orders lost or delayed in the mail.

5.2	Product Fulfillment

Your product order will normally be fulfilled and shipped (or be available for will-call pickup) within three (3) business days from the date of placing the order. Orders placed during the week of the 25th of the month may be delayed due to the large volume of orders received during this week. Order shipments will be by common carrier and delivery should be expected within 5 to 7 business days.

    5.2.1	Expedited Shipping Methods
    
Expedited air delivery for overnight, second-day, or third-day air delivery is available at the Dealer’s request. The Dealer will be responsible for the related costs. All expedited orders must be placed before 2:00 p.m. (Malaysia Time) to ensure that the order will ship the same day.

5.2.2	Product Will-call Pick Up

All will-call orders must be picked up within ten (10) calendar days of the invoice date. All will-call orders that have not been picked up within ten (10) calendar days of the invoiced date are subject to the following:

a. EINS will attempt to contact the Dealer by fax, phone or email to inform the Dealer that the order will be shipped to the address on the account via regular shipping methods if not picked up at will-call within three additional calendar days.

b. If shipped, the account will be charged the shipping fee associated with the order. If the order is refused or otherwise undeliverable, the Dealer will be responsible for any restocking and shipping fees. This could affect the sales volume and qualification requirements for the month in which it occurs.

    5.2.3	Requirements for Picking Up a Will-call Order

Will-call orders will be released to the Dealer of record upon presenting valid identification. The Dealer must verify that the order is correct and sign that it was received, complete and in order.

a. If someone other than the Dealer of record picks up a will-call order, that person may only do so if the Dealer of record has authorized the Company to release their order to the specified person. This is accomplished by completing a Will-call Authorization and Release Form at the A-Fusion Fulfillment Center. This authorization will be kept on file at the center.

b. The person picking up the order must verify that the order is correct and sign for it. By authorizing the person to pick up the order and sign for the order, the Dealer named on the invoice agrees, by proxy, that the order is complete and correct.


5.3. 	Third-party Credit Card and/or Account Usage

To ensure the financial information of our Dealers is kept secure and confidential, the Company does not allow a Dealer to:
• Use a credit card other than their own without written permission from the card holder;
• Use another Dealer’s EINS account balance; or
• Use someone else’s checking account.

In addition, if a Dealer submits an order using another Dealer’s credit card and the cardholder refuses payment for the order, the purchasing Dealer is responsible for any monetary loss to EINS.


5.4. 	Insufficient Funds

EINS requires full payment prior to completing a Dealer’s order. Any payment that is subsequently not supported by sufficient funds constitutes a breach of contract, and EINS may take any or all of the following actions:-

a. The order will be reversed and the order cancelled.
b. EINS reserves the right to offset the outstanding amount against any amounts due the Dealer.
c. EINS may assess a service fee.
d. EINS reserves the right, at its discretion, to require that future orders be prepaid by another form of payment.

If EINS is unable to collect the amount owed, a collection agency may be utilized. If such action is taken, the Dealer will be responsible for any fees incurred by the collection agency, as well as all fees resulting from returned checks, bank drafts or credit card charge backs for merchandise ordered and received.


5.5. 	Inventory

Dealers have no inventory requirements. A Dealer must use his or her own judgment in determining inventory needs based on reasonably projected retail sales. EINS strictly prohibits the purchase of products in unreasonable amounts for the purpose of qualifying for commissions, bonuses or advancement in the Compensation Plan or Rewards Plan.


5.5	Postal, Courier Service and Delivery Charges

Any charges incurred for Postal, Courier Service and other means of delivery, shall be responsible by Dealer.


6.	Taxes

6.1	Sales Tax and Goods and Services Tax

If applicable, sales tax and the Goods and Services Tax (“GST”) are collected at the time of purchase and are remitted by EINS to the appropriate city, state and/or country. Whether sales tax or GST is applicable is based on the local tax laws of the city, state or country. The amount is determined using the recipient’s tax rate based on the order’s ship-to address. The sales tax or applicable GST on will-call pickup orders are based on the location of the EINS Fulfillment Center. 

In some jurisdictions, EINS is precluded from exempting the Dealer from sales tax or GST. Once exempted, the Dealer is responsible for any and all sales tax compliance on their purchase and resale of products. For more information on the requirements of sales tax exemption certificates, please contact your local sales tax commission or agency.

6.2	Income Taxes

Each Dealer is responsible for paying local, state, provincial and federal taxes on any income generated as an independent Dealer. To determine how to report any income received from EINS, Dealers should contact their accountant or tax preparer.

6.3	Licensing

The Dealer is responsible for obtaining any and all required licenses in the city or state. Dealers should contact their local business licensing agency to determine if they are required to obtain a business license.


7.	Product Exchange and Return Policy

7.1.  Product Returns

If a Dealer is dissatisfied for any reason with any EINS product, the Dealer may return the product by obtaining a Return Merchandise Authorization (“RMA”) number from EINS’s Dealer Services Department within 30 days of the date of purchase. The EINS product return policy includes all EINS products, excluding sales tools.

    7.1.1	Product Returns for Exchange or Replacement

A Dealer may request the returned product be exchanged for other EINS products, or request the product be replaced with the same product. The Dealer will be given 100 percent of the price paid for the returned product (less shipping and handling charges) to purchase the replacement products. Provided the product is found unused or un-tempered. The Dealer is responsible for any shipping charges associated with returning the product to EINS. EINS must receive the returned product before the replacement or exchange can occur.

    7.1.2	Product Returns for Credit Refund

If a Dealer wishes to receive a credit on his or her account for the returned product, EINS charges a restocking fee of 10 percent. The Dealer may return the product only by obtaining a Return Merchandise Authorization (“RMA”) number from EINS’s Dealer Services Department within 30 days of the date of purchase. The returned products must be unopened and unaltered, and must be in a resalable condition.

7.2	Refused Shipments

If a Dealer refuses to receive his or her properly shipped order for any reason, the order will be deemed canceled. Accordingly, the Volume associated with the order will be deducted from his or her referral commission for the current month in which the shipment was refused and will be handled in accordance with the terms of Section 7.3, Return of Inventory by Dealers upon Termination, and his or her Dealer Agreement shall be deemed canceled.

7.3	Return of Inventory by Dealers upon Termination

Upon the cancellation of a Dealer Agreement, the Dealer may return product inventory for a refund. A Dealer may only return products that he or she personally purchased from EINS that are in resalable condition. Upon receipt of the products, the Dealer will be reimbursed for all items returned in resalable condition, subject to a 10 percent restocking fee. To be “resalable” the goods must:

a. consist of EINS’s then currently marketed goods;
b. not be damaged, opened, or tampered with in any fashion;
c. be in the original, undamaged packaging; and
d. be returned to EINS within 30 days of the date of purchase.

	
8. 	Income and Earnings

8.1. No Guaranteed Earnings

Dealers are not guaranteed any income, nor assured any profits or success through participation in EINS. Bonuses and commissions are only earned by purchasing EINS products both personally and through the Company’s website. Every EINS Dealer agrees to represent the EINS Compensation Plan and Rewards Plan fairly and completely, emphasizing that retail sales are a requirement at any level, that no recruitment fees or compensations may be derived from the act of Referring other Dealers, and that no earnings are guaranteed from participation in the Compensation Plan or the Rewards Plan.

8.2	Payment of Commissions/Bonuses

EINS pays it commissions/bonuses on a monthly basis or any anytime when the Company deem fit. On the normal circumstances the Company pays the commission/bonus on the 15th of every calendar month for the previous month’s. If the 15th of the month falls on a weekend or holiday, EINS will pay the commission/bonuses the following business day.

8.3	Review of Commission/Bonus Check

It is the Dealer’s responsibility to review the commission/bonus payment upon receipt and report any discrepancies within 20 days of the payment date. Failure to report discrepancies within this 20-day period will void the Dealer’s right to have the bonus re-evaluated and/or changed.

8.4	Distribution by Mail

EINS will mail all commission/bonus cheque(s) via the POS Malaysia to each Dealer’s billing address of record. EINS is not responsible for bonus cheque(s) lost or delayed in the mail. A Dealer will be mailed a bonus cheque only when his or her Sales is sufficient to have produced a bonus totaling at least RM100.00 in a one-month period (less the commission processing fee, see Section 8.4.3. Commission Processing Fee). If the monthly commission/bonus cheque is less than RM100.00 the amount will be automatically credited to their account.

    8.4.1	Credit to Dealer Account

Dealers may elect to have their monthly commission/bonus cheque(s) issued as a credit on their account. This amount will then be available for future product purchases. You must notify the Dealer Services Department in writing to have your monthly commission/bonus cheque amount credited to your account.

    8.4.2	Direct Deposit

Dealers may elect to have their monthly commissions/bonuses deposited directly into their bank account. In order to receive your commissions/bonuses by Direct Deposit you must complete the Direct Deposit form online in the Dealer Center on www.eins2u.com under My Account. A-Fusion is not responsible for any Direct Deposit applications that are filled out incorrectly. If your Direct Deposit fails your commissions/bonuses will be paid to your Dealer Account. Direct Deposit payments are subject to a commission processing fee that will be applied at the time of your Direct Deposit payment.

    8.4.3	Commission Processing Fee

EINS will charge a commission processing fee for each commission/bonus issued. This processing fee will be deducted from the Dealer’s monthly bonus.

    8.4.4. 	Uncashed Dealer Bonus Cheque

If a commission/bonus cheque remains uncashed for more than 180 days from the date of issue, the uncashed cheque will be voided and the funds will be deposited to the Dealer’s Account. Upon voiding the uncashed cheque, EINS may charge the Dealer a stop payment fee of RM100.00.

    8.4.5	Account Balances of Terminated Dealers

If a Dealer voluntarily terminates his or her Dealership or his or her Dealership is involuntarily terminated for any reason and said Dealer has a credit on his or her Dealer Account, EINS will notify the Dealer, via the most expedient method possible, of their account balance. If EINS does not receive instructions regarding the disposition of the credit balance, EINS will attempt to notify the terminated Dealer via email/mail for three (3) consecutive months. An administrative fee of RM50.00 per month or part thereof will be charged up to a maximum of three (3) months.

    8.4.6	Account Balance Payment

Any Dealer with an account balance may request that funds in the account be remitted to them via cheque. Such requests will be subject to a nominal processing fee.
    
8.5	Commission or Bonus Buying Prohibited

Commission or bonus buying is strictly and absolutely prohibited. Bonus buying includes:

a.	The enrollment of individuals or entities without the knowledge of and/or execution of a Dealer Application and 	Agreement by such individuals or entities;
b. 	The fraudulent enrollment of an individual or entity as a Dealer or Preferred Customer;
c. 	The enrollment or attempted enrollment of non-existent individuals or entities as Dealers or Preferred Customers 	(“phantoms”);
d. 	The unauthorized use of a credit card by or on behalf of a Dealer or Preferred Customer when the Dealer or Preferred 	Customer is not the account holder of such credit card (see Section 5.3. Third-party Credit Card and/or Account Usage);
e. 	Purchasing products and placing the volume within your Branch organization in order to meet qualification requirements 	(“backfilling”);
f. 	Any other artifice used or intended to qualify a Dealer for commissions/bonuses through manipulation of the 	compensation plan, Dealer or Preferred Customer enrollments, Sales Volume placement, or product purchases.

8.6	Stacking Prohibited

Stacking is strictly prohibited. The term “stacking” refers to the practice of a Dealer having an interest in another Dealership that he or she has directly or indirectly Referred. It also includes:

a. Violating the one Dealership per person policy (see Section 2.9. One Dealership per Person);
b. Enrolling fictitious individuals into EINS; and/or
c. The fraudulent or unauthorized enrollment of any individual or entity.


9	Promotion and Advertising

9.1	Adherence to the Policies & Procedures, Including the Compensation Plan and Rewards Plan Dealers

Must adhere to the terms of EINS’s Policies & Procedures, including the Compensation Plan and the Rewards Plan, as set forth in official EINS literature. Dealers shall not offer the EINS opportunity through, or in combination with, any other system, program or method of marketing other than that specifically set forth in official EINS literature. Dealers shall not require or encourage other current or prospective Preferred Customers or Dealers to participate in EINS in any manner that varies from the program as set forth in official EINS literature.

9.2	Promotion Through Personal Contact Only

Except as provided in these Policies & Procedures, EINS expressly prohibits its Dealers from using the names of EINS, or the shareholders, officers or directors of the company and/or the EINS products in any form of media advertising to promote the EINS products or business without the express written permission of EINS. This includes, but is not limited to, newspapers, magazines, brochures, leaflets, radio, television, billboards and the Internet. Dealers may promote products only through personal contact, their personal, company-Refereed, EINS website or through literature produced and distributed by EINS.

9.3	Use of Trademarks, Logos and Photos

Any names, pictures, trademarks or logos associated with EINS, EINS products or the shareholders, officers or directors of the Company may be used only with written approval of EINS. Dealers must submit to EINS a written request for use of the above mentioned items. Usage rights may not be transferred to any other Dealer or individual. Failure to abide by this policy may result in discipline, including termination of the offending Dealership(s). EINS may withdraw approval at its discretion, and Dealers shall stop using the material immediately upon such withdrawal.

9.4	Business Names

An independent Dealer may elect to do business as a business entity or under a DBA (Doing Business As). However, business entity or DBA names must not imply the Dealer is an employee of EINS. Any name used must clearly indicate the Dealer’s relationship with EINS is that of an independent Dealer.

9.5	Sales Tools

EINS provides a wide selection of sales tools and literature for Dealers’ use in developing their businesses and generating sales. Dealers may use only Company produced sales materials. Because the quality of photocopies, video and audio reproductions, etc., are often inferior to the quality of an original publication, all sales materials produced by A-Fusion have been copyrighted to preserve the reputation of EINS. Dealers are not permitted to duplicate, copy or reproduce any portion of EINS’s publications, including, but not limited to, books, magazines, videos, audio and visual aids, brochures, newsletters and flyers, without the express written consent of EINS.

9.6	Product Claims

No claims as to mechanical or beneficial properties of any products offered by EINS may be made except those contained in official EINS literature. In particular, no Dealer may make any claim, or provide any testimonial, that EINS products are useful in the lubricating, treatment, protection, stabilizer, cleaner and booster properties. Such statements can be perceived as preventive and maintenance solutions. Not only do such claims violate EINS policies, but they potentially violate federal and state laws and regulations, including the Malaysia Domestic Trade and Consumer Affairs Act.

9.7	Income Representations

When presenting or discussing the EINS business, Compensation Plan and/or Rewards Plan to a prospective Dealer, a Dealer may not make income projections, income claims or disclose his or her EINS income (including the showing of checks, copies of checks, bank statements or tax records), or the EINS income of any other Dealer without prior written consent from the Company.

9.8	Media Inquiries

Due to increasing public interest in EINS, the media may contact and question Dealers. To ensure accuracy and a consistent company image, EINS requires its Dealers and Preferred Customers to refer all media inquiries, including radio, television, Internet and print publications, directly to the EINS corporate office.


9.9	Domain Names and Email Addresses

Dealers may not use or attempt to register any of EINS’s trade names, trademarks, service names, service marks, product names, the Company’s name or any derivative thereof for any Internet domain name or email address. Upon establishing a EINS website, Dealers will select a personal website name followed by .eins2u.com. The personal website name is subject to approval by EINS.

9.10	Spamming and Unsolicited Faxes

Except as provided in this section, Dealers may not use or transmit unsolicited faxes, mass email distribution, unsolicited email or “spamming” relative to the operation of their EINS business. The terms unsolicited faxes and unsolicited email mean the transmission via telephone facsimile or electronic mail, respectively, of any material or information advertising or promoting EINS, its products, Compensation Plan, Rewards Plan or any other aspect of the Company that is transmitted to any person. These terms do not include a fax or email to:

1. Any person with that person’s prior express invitation or permission; or
2. Any person with whom the Dealer has an established business or personal relationship. The term established business or personal relationship means a prior or existing relationship formed by a voluntary two-way communication between a
Dealer and a person, on the basis of:
a. An inquiry, application, purchase or transaction by the person regarding products offered by such Dealer; or
b. A personal or familial relationship, which relationship has not been previously terminated by either party.

9.11	Telemarketing

The Malaysian Communications And Multimedia Commission each have laws that restrict telemarketing practices. Both federal agencies (as well as a number of states) have “do not call” regulations as part of their telemarketing laws. While you may not consider yourself a “telemarketer” in the traditional sense of the word, these regulations broadly define the term “telemarketer” and “telemarketing” so that the inadvertent action of calling someone whose telephone number is listed on the federal “do not call” registry could cause a violation of the law. Moreover, these regulations must not be taken lightly, as they carry significant penalties.
Therefore, Dealers must not engage in telemarketing in the operation of their EINS businesses. The term telemarketing means the placing of one or more telephone calls to an individual or entity to induce the purchase of an EINS product or service, or to recruit them for the EINS opportunity. “Cold calls” made to prospective customers or Dealers that promote either EINS’s products or services or the EINS business constitute telemarketing and are prohibited. However, a telephone call(s) placed to a prospective customer or Dealer (a “prospect”) is permissible under the following situations.

a. If the Dealer has an established business relationship with the prospect. An established business relationship is a relationship between a Dealer and a prospect based on the prospect’s purchase, rental, or lease of goods or services from the Dealer, or a financial transaction between the prospect and the Dealer, within the eighteen (18) months immediately preceding the date of a telephone call to induce the prospect’s purchase of a product or service.

b. The prospect’s personal inquiry or application regarding a product or service offered by the Dealer, within the three (3) months immediately preceding the date of such a call.

c. If the Dealer receives written and signed permission from the prospect authorizing the Dealer to call. The authorization must specify the telephone number(s) which the Dealer is authorized to call.

d. You may call family members, personal friends, and acquaintances. An acquaintance is someone with whom you have at least a recent first-hand relationship (i.e., you have recently personally met him or her). Bear in mind, however, that if you make a habit of “card collecting” with everyone you meet and subsequently calling them, the FTC may consider this a form of telemarketing that is not subject to this exemption. Thus, if you engage in calling “acquaintances,” you must make such calls on an occasional basis only and not make this a routine practice. In addition, Dealers shall not use automatic telephone dialing systems relative to the operation of their A-Fusion businesses. The term automatic telephone dialing system means equipment which has the capacity: (a) to store or produce telephone numbers to be called, using a random or sequential number generator; and (b) to dial such numbers.


10	Services

10.1	Dealer Reports Confidentiality

All Dealer Reports and the information contained therein are confidential and constitute proprietary information and business trade secrets belonging to EINS. Dealer Reports and labels are provided to Dealers in strictest confidence and are made available to Dealers for the sole purpose of assisting Dealers in the development of their EINS business. Dealers may only use Dealer Reports and labels to manage, assist, motivate and train their Dealers. A Dealer shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity:

a. Directly or indirectly disclose any information contained in any Dealer Report to any third party;
b. Use the information for any purpose other than promoting his or her EINS business;
c. Recruit or solicit any Dealer or Preferred Customer of EINS listed on any report for any other business venture, or in any manner attempt to influence or induce any Dealer or Preferred Customer of EINS, to alter their business relationship with EINS; or
d. Use or disclose to any person, partnership, association, corporation or other entity any information contained in any Dealer Report.

Upon demand by the Company, any current or former Dealer will return the original and all copies of Dealer Reports to the Company.

11	E-Wallet or e-pay

EINS has designed this program to provide its Dealers with the E-wallet or e-pay scheme whereby such scheme shall be utilize by the Dealer for the purposes of purchasing the EINS Product vide EINS website and/or taking the Dealers’ car to EINS’ panel workshop for a basic services i.e. changing the engine oil, EINS addictive and all other necessary Product under EINS. This E-wallet or e-pay shall be utilized by Dealers at anytime provided it shall have minimum level of RM50-00 in the same.


12	EINS’s Privacy Policy

In order to protect the privacy of its Dealers, EINS provides this notice to explain personal identity information practices and the choices Dealers have about the way their information is collected and used.

12.1	Information Collected

This notice applies to all information collected or submitted to the EINS office and on the website. Some types of personal information collected are:
• Name 					• Identification Number
• Address					• Bank Account Information
• Email address
• Phone number
• Credit/Debit Card Information

12.2	Uses of Information Submitted Online

EINS uses the information you provide about yourself online so that EINS can provide customer service. EINS does not share this information with outside parties other than to ship orders, confirm delivery and process payment and credit transactions. EINS uses email addresses to respond to emails. Email addresses are not shared with outside parties. EINS does not use or share personal identity information provided online in ways unrelated to those described above without providing Dealers the choice to opt-out or otherwise prohibit such unrelated use.

12.3	EINS’s Commitment to Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, EINS has put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the personal information collected online.

12.4	EINS’s Commitment to Children’s Privacy

EINS does not collect or maintain information on the website or at the EINS office from minor children. There is no part of the EINS website that is structured to attract minor children.

12.5	How to Access or Correct Your Personal Identity Information

You can access and correct factual errors in your personal identity information by contacting the Dealer Services Department. EINS does allow online access to this information. To protect your privacy and security, EINS will take reasonable steps to verify your identity before granting access or making corrections to your personal identity information.

12.6	How to Contact EINS

Should you have questions or concerns about these privacy policies, please contact us through the information provided below.

EINS Netzwerk Sdn Bhd (1094230-P)
No.20, Tingkat 1
Lorong Dato Yusof Shahbudin 44/KS07
Taman Sentosa, 41200 Klang, 
Selangor Darul Ehsan, 
Malaysia.
Tel: +603 5166 9349     Fax: +603 5166 9350     
Email: cs@af2u.com.my