Peak Energy Science

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Disclaimer

Throughout this website, statements have been made concerning the properties and/or functions of food and/or nutritional products. These statements have not been evaluated by the Food and Drug Administration and these materials and/or products are not intended to diagnose, treat, cure or prevent any disease.

Affiliate Policies and Procedures

Peak Energy Science products are designed to assist our body's natural processes in balancing and maintaining quality of health. In addition, Peak Energy Science provides training and services to make this a viable business opportunity.

Peak Energy Science provides the finest quality products, backed up by excellent service, to customers and Affiliates. The company asks Independent Peak Energy Science Affiliates to carry on that image in their activities and communications with consumers and other Affiliates. Peak Energy Science Affiliates have great freedom to operate independently. As a member of our Peak Energy Science team we ask you to apply our fair practice Code of Ethics as follows:

Code of Ethics

I will conduct my business in an honest, ethical manner at all times. I will make no representations about the benefits and savings affiliated with Peak Energy Science products or services other than those contained in officially approved corporate information.

I will provide support and encouragement to my customers to ensure that their experiences with Peak Energy Science are successful. I understand that it is important to provide follow-up service and support to my customers and my Peak Energy Science Affiliate Management Team.

I will actively work with members of my Peak Energy Science Management Team to help them build their Peak Energy Science business.

I will refrain from exaggerating my personal income, or the income potential in general, and will stress to Peak Energy Science Affiliate candidates the level of effort required to succeed in the business.

I will not abuse the goodwill of my association with Peak Energy Science to further and promote other business interests (particularly those which may be competitive to the Company) without the prior written consent of the Company.

I will not make disparaging remarks about other products, services, Affiliates, or companies; likewise, I will not willfully denigrate the activities or personalities of fellow Peak Energy Science Affiliates.

Policies and Procedures

These Policies and Procedures are dated July 19, 2004.
They pertain to operations of Peak Energy Science.

Affiliate Requirements - In order to become an Affiliate the applicant must be the age of majority in the nation, province, region or state in which he/she resides. To become an Affiliate, an applicant must complete an official Peak Energy Science (here in after also shown as "Company") Application and Agreement on paper or electronically. Electronic applications will be tracked and logged. When my monthly income exceeds $500.00 I will be required to sign a paper "hard copy" if one is not already on file. The Application and Agreement must be accepted and on file at the Peak Energy Science home office.
1. For corporations registering as a Peak Energy Science Affiliate the Federal Employer's Identification Number (FEIN) shall be included on their application. The Company reserves the right to accept or reject any person or corporation as an Affiliate.
2. The application I am submitting to the Company is true and valid information. I am entitled to cancel this Agreement at any time and for any reason with written notice to the Company. I understand that I may not transfer my account or password to another individual. I will not purchase any product solely for the purpose of qualifying for commissions or bonuses. I understand that Independent Affiliates are Independent Contractors and cannot, under any circumstances, incur any debt, expense, or obligation on behalf of, or for, the Company.
3. Only one Affiliate membership will be allowed per household.
Government Regulations and Independent Contractor Taxes - Each Affiliate is an Independent Contractor and shall comply with all state and local taxes and regulations governing the sale of Peak Energy Science products. There are many tax advantages to owning your own independent business as an Independent Contractor. Independent Contractors are responsible for following regulations of the local, state and federal governments in the countries they operate in. The following applies:
1. Affiliates will not be treated as employees for federal or state tax purposes, nor for purposes of the Federal Unemployment Tax Act, the Federal Insurance Contributions Act, the Social Security Act, State Unemployment Acts, State Employment Security Acts, or State Workers Compensation Acts. I understand and agree to pay all applicable federal and state self-employment taxes, sales taxes, local taxes, and/or local license fees that may become due as a result of my activities under this Agreement.
2. Each Affiliate is required to provide on their Affiliate application form either their Social Security number or Federal Tax ID number. As the Affiliate is a self-employed contractor, the Company does not deduct any personal taxes from commission checks.
3. At the end of the calendar year, Peak Energy Science is obligated by law to provide the Independent Affiliate and the Internal Revenue Service with a form 1099 reporting the Affiliates annual income from the Company. This is required for any Affiliate with earnings in excess of $600.00 for the calendar year.
Representations by Affiliates - An Affiliate position with Peak Energy Science represents a precious step toward financial independence, allowing great personal freedom. This freedom has to be protected for all Affiliates. Affiliates are Independent Contractors, fully responsible for their own business procedures and are not to be considered purchasers of a franchise or license, nor are they agents, or employees of the Company. The Agreement between the Company and its Affiliates does not create an employer/employee relationship, agency, partnership or joint venture between the Company and the Affiliates. Additionally:
1. Affiliates must not represent themselves in any way, orally or in writing, as being an agent, employee, or spokesperson of the company. Affiliates have no authority to bind the Company to any obligation. Each Affiliate shall hold the Company harmless for any claims, damages or liabilities arising out of the Affiliates own business practice. The Company will take aggressive action to insure that Affiliates who violate this policy will be terminated and reported to the proper authorities.
2. Affiliates will not use Company logos or copyrighted material without express written permission from the Company. Additionally, see the paragraph "Affiliate Recruiting and Advertising Material."
3. Affiliates are responsible for any expenses which result from their business operations, including, but not limited to, advertising, taxes, fees, legal costs and telephone expenses. The Company will not accept collect telephone calls.
4. The Affiliate may not use the company name on any written forms or documents (such as business cards, stationery, bank accounts, business signs) without stating "Independent Affiliate" and without prior approval by the company.
Product or Income Claims - Peak Energy Science Affiliates agree to make no false or fraudulent representations about the company, its products, services, the compensation plan, or earnings potential. This is an exceptionally sensitive subject because of the unique and proven status of the Company's products.
The Affiliate must not make any claims about Company products or income, which are not supported by facts contained in official company literature. This will be strictly enforced and suspension of this independent contractor Agreement will be immediate upon reported or observed infractions of this policy. If the violation is proved valid your contract will be suspended or terminated.
Internet Spam - Unsolicited commercial e-mail (UCE) or Spam is absolutely prohibited on the Internet if it relates to the Company in any manner. This is a very strict policy and may result in the termination of you and your entire Peak Energy Science Management Team. Spam can cause damage to the Company and all its Independent Affiliates.
Enrollment Responsibilities - Any Affiliate who enrolls other Affiliates must fulfill the obligation of performing a bona fide supervisory and training function on behalf of those enrolled. Management Team leaders must have ongoing contact, communication, and management supervision with their Affiliate organization. Examples of such supervision may include, but are not limited to the following: newsletters, written correspondence, E-mail, personal meetings, telephone contact, training sessions, accompanying individuals to corporate events, or sharing genealogy information with those enrolled.
Affiliate Requirements - Only a $50.00 monthly Autoship is required in order to receive commissions from all eight tiers of the Compensation Structure.
Returns by Affiliates - Charges for an Affiliate kit, or any products purchased by an Independent Contractor, are 100% refundable within 7 days of purchase. Any items returned must be in re-saleable condition. Returns made between 8 days and 60 days (or longer where required by law) will be subject to a restocking fee of 15% to put returned items back into inventory. Permission and a return authorization number must be obtained from Peak Energy Science Affiliate’s Customer Service Department before the item is returned. No refunds will be made on shipping and the Affiliate will pay shipping on the return of items. All products must be returned via U.P.S. only or they will not be accepted by Peak Energy Science. Other carriers X-ray and irradiate packages which can destroy the nutritional value of Peak Energy Science's whole food products.
Partnerships or Corporation Requirements - A partnership or corporation may become an Independent Contractor upon completion of the Affiliate application form, and providing on that form in the appropriate space, a Federal tax ID number. However, an individual may not participate in more than one (1) Affiliate membership of any kind with the exception of Re-Entry Certificates. An Affiliate may change status under the same enrollment from individual to partnership or corporation or from partnership to corporation with proper and complete documentation. The person signing the application on behalf of a partnership or corporation must have the authority of the partnership or corporation for entering into the transaction. In addition, by signing for a partnership or corporation, you certify that no person with an interest of debt or equity in the business has had an interest in an Affiliate membership in Peak Energy Science within six (6) months of the date of signature.
Affiliate Cooperation - It is strongly recommended that Affiliates belonging to different teams cooperate with each other for mutual success. There are many benefits, which can be accrued from such cooperation. Peak Energy Science does not restrict an Affiliate from belonging to another Affiliate program. However, only personally enrolled Affiliates in Peak Energy Science may be given information or solicited for other business opportunities.
Transfer of Business Position - Peak Energy Science prohibits the transferring from one Affiliate to another. The integrity of the entire Management Team is based on the strength of the structure of the business organization. Allowing for transfers from one Affiliate to another leads to strife and disaster. To change business positions:
1. The only way that an Affiliate will be allowed to transfer to another Affiliate Management Team is by written resignation to the company, at which time the Affiliate may rejoin Peak Energy Science as a new Affiliate after a waiting period of six (6) months.
2. The transferring Affiliate will not be allowed to transfer their Management Team or qualified position with them when they do this transfer.
Death of an Affiliate - Upon the death of an Affiliate his/her rights to commissions and marketing position, together with the Affiliate membership duties and responsibilities shall pass to the successors in interest upon written notice to the Company. The process is:
1. In order to protect the company from fraud, Peak Energy Science requires an original certificate of death and certified copy of the will, trust or other device before allowing the transfer of the Affiliate membership from the deceased Affiliate to the named transferee.
2. The successor Affiliate is required to execute a new Peak Energy Science Affiliate Independent Contractor application. There will be a charge of $500.00 for the transfer of ownership.
Sale of an Affiliate Position - As Independent Affiliates you are free to sell or assign your Affiliate business for the going market price. The process is:
1. Notification to Peak Energy Science. The company charges a nominal fee of $500.00 per sales transaction or assignment for the review process. Upon deposit of the money the proper Company documentation will be issued to complete the following steps:
2. Approval from 5 tiers of management above your position and Peak Energy Science.
  
  In order to protect the integrity of Peak Energy Science, the Company must approve any such sales agreements or transfers of interest for substance and form prior to sale.
3. Final reviews by Peak Energy Science. The Company reserves the right to accept or reject the sales agreement and transfer based on the qualifications of the purchasers, any misrepresentations by the seller, or other material issues involving the sale that may have detrimental results for the company.
Affiliate Kits/Sales Material - Affiliates are not required to purchase an Affiliate Kit at the time of submission of their Affiliate Application and Agreement to Peak Energy Science. If an Affiliate kit purchase is made, it will be at Company cost and only one kit will be allowed per person. This sum is not a service or franchising fee but rather is to offset costs incurred by the Company in the production and distribution of the materials needed for Independent Affiliate use. No additional product purchase is ever required to be an Affiliate of the Company. No commissions will be paid on the purchase of the Affiliate kit or business materials or sales aids.
Retail Sales - Sales to customers and customer service are the foundation of Peak Energy Science. The entire Commission Structure is based upon volume of sales to customers by the individual Affiliate and sales to the Affiliate’s Management Team. A goal of the company is that 50%, of all sales by Affiliates, is to the ultimate end user consumer who is not a member of the Company Affiliate Program.
1. Retail prices listed by the company are suggested prices only. An Affiliate is free to sell product at any price they deem reasonable considering free market conditions.
2. Company products or services may only be sold by registered Affiliates. Affiliates may sell only to retail customers for their personal use, not for resale to other consumers.
Seventy Percent (70%) Rule - An Affiliate will be allowed to purchase a reasonable amount of product for personal use as well as to be used as sales samples. Such reasonable amounts of product will not exceed $200.00 without proof that the Affiliate has personally used or sold 70% of their present inventory. Peak Energy Science will strictly adhere to the policy that prior to honoring an order for product by an Affiliate, the Affiliate must have personally used or sold at least 70% of any prior inventory purchased.
1. The Company will monitor compliance with this rule. For this reason it is important that the Affiliate keep accurate records.
2. It is company policy to strictly prohibit the purchase of products in unreasonable amounts solely for the purpose of qualifying for commissions or advancement within the Compensation Plan. All such forms of front loading or stockpiling are strictly prohibited.
Retail Sales in Commercial Outlets - To ensure that each Affiliate has a fair and equal opportunity, and to encourage ongoing personal support, it is strictly forbidden for Peak Energy Science products to be sold in any retail outlet, without prior written consent of the Company. The Company will not discourage such selling. The reason for the notification and consent of the company is to protect the integrity of the Affiliate base. Sales literature may be displayed referring the consumer to an Independent Affiliate without Company permission.
Independent Contractor Ethics - Peak Energy Science will not permit activity that is obviously unethical or unprofessional. The line between aggressive professional marketing efforts, unethical behavior, and harassment can be vague. The Company will intercede when such behavior is evident, and reserves the right to use its sole judgment in deciding whether certain Affiliate activities are inappropriate and, if determined to be so, to act accordingly.
Delivery and Payment Methods - Peak Energy Science will not ship orders on a C.O.D. basis. All orders must be prepaid with cashier's check, money order, an approved Visa or MasterCard, or American Express Card. Delivery will be within fourteen (14) days of receipt of order, unless some unforeseen event causes a delay in shipment.
Product Refund Policy for Customers - Peak Energy Science product refund policies are as follows:
1. Peak Energy Science will refund any dissatisfied purchaser of any Company products one-hundred-percent (100%) for a period of 30 days from the date of receipt of the product, excluding shipping charges. Payment will be made upon return of the product in re-saleable condition. All products must be returned via U.P.S. only or they will not be accepted by Peak Energy Science. Other carriers X-ray and irradiate packages which can destroy the nutritional value of Peak Energy Science's whole food products.
2. Shipping damages or loss in shipping is the responsibility of the common carrier when applicable. If common carrier liability doesn't apply, the Company will replace at no cost items which may have been damaged in shipping or are otherwise defective. Notice of damaged shipments must be given to the Company within seven (7) days of receipt to qualify for replacement. In the event that the damage is not immediately evident and is discovered at a subsequent date, notice must be given to the company, and any replacement will be discretionary, yet liberal.
3. Any other refunds may be made within the sole discretion of the Company.
Refunds on Resale of Products by Affiliates - Any Affiliate who resells product to the ultimate consumer is responsible for paying out any refunds based on returns. The Affiliate is expected to conduct their business in a manner consistent with the company Policies and Procedures, including strict adherence to the company refund policy. Any violation of this policy will be immediate grounds for suspension or termination of Affiliate rights.
Charge Backs - If commissions have been paid to an Affiliate and subsequent returns on products occur which cause refunds to be issued to the purchaser, the commissions overpaid will be charged back against the Affiliates next check, or first check with available commissions to cover the refunds.
Sales Taxes - All Peak Energy Science products are subject to the sales tax in the state, county, or city that levies such a tax and in which a sale occurs. This tax is calculated on the retail value of the purchase. Unless the Affiliate has filed a tax resale number with the Company, the Company will collect the appropriate tax.
Enrollment - All Affiliates have the right to enroll other Affiliates anywhere within the United States, or elsewhere, as additional territories or countries are developed by Peak Energy Science. Affiliates must always keep in mind the need for personal contact. Note, however, that Company Affiliates are free to retail product anywhere in the world provided that they meet legal requirement such as customs compliance in foreign countries. Every person has the ultimate right to choose his/her own Affiliates when they initially sign-up as an Affiliate with the Company.
1. If two Affiliates claim to have enrolled the same new Affiliate, Peak Energy Science will acknowledge the first application received at corporate headquarters.
2. As a general rule, it is good practice to regard the first Affiliate who meaningfully worked with a prospective Affiliate or customer as having first claim. Basic tenets of common sense and consideration should govern. Cross-enrolling and cross recruiting are strictly prohibited within Company Marketing Team Organizations.
3. In regard to any dispute, the company reserves the right to make the final decision.
Propriety Nature of Management Team Reports - Peak Energy Science may from time to time supply data processing information and reports to Company Affiliates concerning their Management Team organizations. The Affiliate agrees that such information is proprietary and confidential to both the company and the individual Affiliate and is transmitted to the Affiliate in confidence. The following applies:
1. The Affiliate agrees that he/she will not disclose such information to any third party directly or indirectly, nor use the information to compete with the company directly or indirectly.
2. The Affiliate and the company agree that, but for this agreement of confidentiality and nondisclosure, the company would not provide the above confidential information to the Affiliate.
Annual Renewal Fees and Other Fees - Independent Affiliates are required to renew their Peak Energy Science agreements on the anniversary of the date they became Independent Affiliates. The annual renewal fee is $25.00 at this time. The Company will distribute renewal forms two months prior to the anniversary date of the individual Affiliates. Failure to return the agreement by the anniversary date will be construed as a resignation and all agreements between the company and the Affiliate will be considered null and void. Other fees:
1. There will be a $3.50 charge for each commission check issued. If a re-issue is necessary there will be a 20-day waiting period and a $3.50 charge for a replacement check.
2. Checks can be sent overnight. The Affiliate will pay the shipping fee plus a $10 special handling fee.
Affiliate Change of Address - Independent Affiliates must report any change of address by sending written or E-mail notice to Peak Energy Science corporate office.
Resignation of an Affiliate - An Affiliate has the right to terminate their agreement at any time and for any reason without penalty by giving written notice to the company at its principal place of business. Upon receipt of written notice, all rights to commissions, position, and wholesale purchases cease, and the Affiliate is no longer entitled to advertise, sell, or promote Peak Energy Science products. The former Affiliates Management Team shall be transferred to his/her enrolling Affiliate. The resigning Affiliate is not eligible to be enrolled into Peak Energy Science again for a period of six (6) months following the date of termination.
Sanctions and Enforcement Action - Sanctions will not be employed lightly, nor will the company be arbitrary or unfair in their use. It is important to remember, however, that an Affiliate who violates these policies and procedures jeopardizes the integrity and standing of all Affiliates. The company reserves the right to revoke the status of Affiliates or place violators on probation or suspension for a period of time which may delay their eligibility for advancement in the Commission Structure. It is for the benefit of everyone that every Affiliate abides by the letter and spirit of these Policies and Procedures.
Termination Due To Inactivity - After (12) months (one year) of consecutive inactivity, (no product purchases and no new Affiliate enrollments) an Affiliate will be deleted from the Commission Structure. The deleted Affiliate will, however, be eligible for immediate re-enrollment.
Termination of Affiliate Membership - Peak Energy Science reserves the right to terminate any Affiliate membership at any time, or suspend said Affiliate for a probationary period, when it is determined that the Affiliate has violated the provisions of the Affiliate Agreement, including the provisions of these Policies and Procedures as they now exist or may be amended, or the provisions of applicable laws and standards of fair dealing.
1. Upon such a termination, the company shall notify the Affiliate by certified mail at the latest address listed with the company.
2. The terminated Affiliate agrees to immediately cease representing himself/herself as an Affiliate, and will not be allowed to ever return to the position of Affiliate with Peak Energy Science. Where applicable state law on termination of an Affiliate is inconsistent with company policy, such state law termination procedures shall be in force.
3. If the Affiliate wishes to appeal the termination, Peak Energy Science must receive the appeal, in writing, within fifteen (15) days from the date of mailing of the company's termination letter. If the appeal is not received with the 15-day period, the termination will be automatically deemed final. If the Affiliate files a timely appeal of termination, Peak Energy Science will review and reconsider the termination, consider any other appropriate action and notify the Affiliate of its decision in writing within (30) thirty days. The decision of the company will be final and subject to no further review.
4. In the event that the termination is not rescinded, the termination will be effective as of the date of the company's original termination notice.
5. Upon termination of an Affiliate membership, all rights to commissions, Management Team position, and wholesale purchase rights cease. The terminated Affiliate’s Management Team organization shall be transferred to his/her enrolling Affiliate. The terminated Affiliate will not be eligible for future business development with Peak Energy Science.
Affiliate Recruiting and Advertising Material - Because Independent Affiliates are Independent Contractors, they may promote their business in any legal and ethical manner, and may advertise without company approval, provided that they do not use the corporate name, logo or trademarks. The following applies:
1. All Intellectual Property rights for products and services of the company, including patents, copyrights, trade secrets, trademarks, service marks, trade name and other intellectual property rights shall remain the exclusive property of Peak Energy Science.
2. Any advertisement, that utilizes the company name, logo or trademarks, must be approved by the company. The ad must also state that the individual placing the ad is an "Independent Affiliate". Affiliates agree to grant to the Company unlimited, perpetual and royalty-free rights to any materials submitted by the Affiliate.
3. Independent Affiliates are prohibited from answering the phone in any manner that would give callers reason to believe that they have reached the corporate offices of Peak Energy Science. Telephone Yellow page ads will expressly contain the term "Independent Affiliate" in at least 10-point type. This also applies to business cards.
4. The Company strictly prohibits Affiliates from utilizing personal websites to advertise or promote the products or opportunity, without company approval. The independent affiliate must register their website with Peak Energy Science before starting to build it. The Web design team of Peak Energy Science is available to develop websites for Peak Energy Affiliates for a reasonable fee.
5. The Affiliate’s web page must have “Independent Affiliate” in at least 10 pt. type. No third party claims will be made and only approved information may be put on the website.
Amendments - Peak Energy Science expressly reserves the right to alter or amend wholesale prices, product availability and/or formulation, policies and procedures, and commission structure and all affiliated agenda. Such amendments are automatically incorporated as part of the agreement between the Company and the Affiliate when published in official company literature or by electronic communication, including E-mail and website postings.
Waiver - The Company never gives up its right to insist on compliance with these rules or with the applicable laws governing the conduct of a business. This is true in all cases, both specifically expressed and implied, unless an officer of the company who is authorized to bind the company in contracts or agreements specifies in writing that the company waives any of these provisions.
Invalidity of Any Paragraph - Should any portion of these Policies and Procedures, of the Affiliates Application and Agreement, or any other instruments referred to herein or issued by the company be declared invalid by a court of competent jurisdiction, the balance of such rules, applications, or instruments shall remain in full force and effect.
Governing Laws - These rules are reasonably related to the laws of the State of Texas and shall be governed in all respects thereby. The parties agree that jurisdiction and venue shall lie with the place of acceptance of the Affiliate application, which shall in all cases be the County of Williamson in the State of Texas, USA. Any claims or disputes between parties to this Agreement shall be subject to binding arbitration in the state of Texas USA, by the rules of the American Arbitration Association. Louisiana residents may choose Louisiana law and arbitrate in New Orleans, Louisiana.
Notices and Mail to The Company - Any notices or mail to Peak Energy Science should be sent to the corporate office at 2000 North Mays, Suite 120, Round Rock, Texas 78664.
Welcome to the Peak Energy Science Team - We look forward to a long and successful future with each and every one of you.