Policies & Procedures

I. Eligibility
To become a Trader, an applicant must fulfil the following requirements

  • A person who is of legal age (18 years old)
  • If applicant is a Business Entity, the original signature on the Trader Application Form must be of a person authorised to bind the Business Entity.
  • Submit a complete, correct and signed original or electronic (faxed or scanned)
  • Trader Application Form in which the Applicant resides to the Company
  • Any incomplete Trader Application Form is considered invalid

The Company reserves the right to approve or reject any application for registration without assigning any reasons whatsoever.

II. Inaccurate Information
In the event that the Company determines that the Trader Agreement contains inaccurate or false information, it may immediately terminate a Tradership or declare the Tradership Agreement null and void from its beginning.

I. Compliance
A Trader shall comply at all times with each of the terms and conditions of the Contract.

II. Independent Contractor
All Traders are independent contractors and is responsible for his or her own business expenses, decisions, and actions.

  • A Trader shall not represent himself or herself as franchises, joint ventures, partners, employees or agents of Esabee. They are strictly prohibited from stating or implying, whether orally or in writing, directly or indirectly, that they are franchises, joint ventures, partners, employees or agents of Esabee.
  • A Trader have not authority to bind Esabee to any obligations
  • Every Trader is fully responsible for all of his or her verbal and written statements made regarding the Products, services, and the Compensation Plan which are not expressly contained in official Company materials and the Trader agrees to indemnify the Company against any claims, damages, or other expenses, including attorneys’ fees, arising from any POLICIES & PROCEDURES Page 2 of 10 representations or actions made by the Trader that are outside the scope of the Contract. The provisions of this section survive the termination of the Contract.

III. Taxation
Independent Trader is responsible for paying local taxes on any income generated as an Independent Trader. All Traders are responsible for their own managerial decisions and expenditures, including all estimated income and self-employment taxes.

IV. Compliance with Laws
In conducting its Trader Business, a Trader must comply with all applicable laws and local ordinances concerning the operation of their businesses. The Company reserves the right to terminate any Trader, who is engaged in any unlawful activities.

V. Conflict of Interest
Traders are not restricted from selling the products of other companies. However, to avoid any conflict of interest and loyalty, the Trader is prohibited to do the following:

  • Any actual or attempted introduction of Esabee Customer or Trader for other network marketing business ventures, either directly or through a third party during the terms of this Agreement. This includes, but is not limited to, presenting or assisting in the presentation of other network marketing business ventures to any Esabee Customer or Trader to join other business ventures.
  • Producing or offering any literature, tapes or promotional materials of any nature for another network marketing business, which is used by the Trader or any third person to introduce Esabee Customers or Traders for that business venture.
  • Selling or promotion any competitors products or services to Esabee Customers or Traders. Any products or services in the same generic category as Esabee products is deemed to be competing, the Company reserves the right to implement suspension and/or termination to the Trader.

VI. Cross-Line Introduction
Actual or attempted cross introduction is strictly prohibited. “Cross-line Introduction” is defined as the introduction of an individual who or an entity that already has a current Customer or Trader Agreement on file with Esabee, or who had such an agreement within the preceding six (6) calendar months, within a different line of introduction. The use of the name of a spouse or a relative, trade names, assumed names, corporations, partnerships, trusts or fictitious Identity Card numbers to circumvent this policy is prohibited. Trader to become part of the first Trader’s marketing organisation. Any Trader found or reported with documentation to be in violation of this rule shall risk suspension and/or termination.

VII. Re-packaging of Products
Traders are not to re-package any Esabee products or services in any way.

VIII. Liability
Violation of any of the terms stated in the Policies and Procedures and those outlined in the Trader Application Form, as well as other means of information released by the Company is ground for termination of the individual’s Trader status. The violator may also be liable for damages resulting from unauthorised use of the copyrights, trademarks and materials of the Company.

I. Adherence to the Esabee Marketing and Compensation Plan

  • All Esabee Traders must adhere to the terms of the Esabee Marketing and Compensation Plan as set forth in all official literature of Esabee. All Traders shall not offer the Esabee opportunity through, or in combination with, any other systems, programmes or methods of marketing other than those specifically set forth in the official literature.
  • All Esabee Traders shall not require or encourage other present or prospective Customers or Traders to participate in the business of Esabee in any manner that varies from the programme set forth in the official literature of Esabee.
  • All Esabee Traders shall not require or encourage other present or prospective Customers or Traders to execute any agreement or contract other than official Esabee agreements and contracts in order to become a Esabee Trader.
  • All Esabee Traders shall not require or encourage other present or prospective Customer or Traders to make any purchase from or payment to any individuals of other entities to participate in the Esabee Marketing and Compensation Plan, other than those purchases or payments that are specified as recommended or required in the official literature of Esabee.

II. Updates of Trader Information
It is the responsibility of Traders to notify Esabee of all changes to the information contained in their Trader Application Form immediately. Notification must be made in writing and submitted together with a duly completed Trader Application Form and any necessary documents.

III. Multiple Applicants
In the event of multiple submission of Trader Application Form listing multiple sponsors, only the first completed form received and accepted by Esabee will be processed. In the event of disputes, Esabee reserves the right of making the final decision.

IV. Effects of Marriage, Divorce and Death on the Tradership

  • Marriage
    Upon marriage, Esabee Traders may choose to operate their businesses as husband-andwife partnerships or keep their Traderships separate. If they choose to operate their businesses as husband-and-wife partnerships, they are required to submit in writing and any relevance documents.
  • Divorce
    In the event of a married couple whose individual names appear as Traders on the Trader Application Form separate or divorce, arrangements must be made to assure that the Company is being notified. During the process of a divorce, the parties must adopt either of the following methods of operation:

    • One of the parties may continue to operate the business under consent of the other party in writing that they authorise Esabee to deal directly and solely with the other spouse.
    • The parties may continue to operate the business jointly on a “business-as-usual” basis, and all compensation paid will be in the joint name of the Traders.
  • The Company will not split commission and bonus cheque between divorcing spouses. The company will only recognises one network organisation and issue one commission cheque per business per commission cycle. If a former spouse has completely relinquished all rights in their original Esabee business, they are thereafter free to enrol under any introducer of their choice, as long as they meet the waiting period requirements. In such case, however, the former spouse or partner shall have no rights to any Traders in their former organisation or to any former retail customer. They must develop the new business in the same manner as would any other Traders.
  • Death and Inheritance
    In the case of a Trader’s death, the Contract and the Tradership will be assigned to his/her legal successor in accordance with applicable laws. For a proper transfer, the successor in interest must submit a Esabee Trader Application Form together with appropriate legal documentation, which includes (1) an original death certification and (2) a notarised copy of the will or other instrument establishing the successor’s right to the business. The successor shall thereafter be entitled to all rights and subject to all the obligations as any other Esabee Traders.

V. Confidential Information The Company may supply Confidential Information concerning its Downline Organisation to the Trader. The Trader should understand and agrees to the following: a The information is given in confidence and remains to be proprietary and confidential to Esabee. The Trader agrees that he or she will not disclose any such information to a third party directly or indirectly (including other Traders), and by doing so constitutes a violation of the Contract b The information is provided to aid and facilitate the training support and servicing of the Organisation to promote the Esabee business. The Trader will not use the information to compete with the Company directly or indirectly c Esabee reserves the right to refuse providing such information to the Trader. Any Trader who is found, or reported to be, in violation of this rule may not only risk loss of buying privileges, suspension and/or termination.

I. Sponsorship of New Traders
Traders are entitled to sponsor members of the public to become New Traders. To act as a Sponsor, Traders are compensated according to the generation of sales volumes through sales of products and/or services and not for the act of sponsoring New Traders into the plan. To act as a sponsor, a Trader must meet all requirements and accept all responsibilities as outlined in the Contract.

II. Basic Responsibility
It is the Sponsor responsibility to ensure that the Trader Application Forms that the downlines submitted are complete, accurate and legible. Esabee will return all incomplete Trader Applications to the name and address of the applicant stated in the application form and the Company will not be liable for any damages arising as a result of incomplete or inaccurate information submitted for application.

III. Providing updated Documentation to Applicants
Sponsors must provide the most updated version of the Policies and Procedures as well as the Marketing and Compensation Plan to individuals whom they are introducing to become Traders before the applicant signs up as a Trader.

  • IV. Training and Support
    A Sponsor shall:Provide bona fide assistance and make efforts to ensure that all Traders in his or her Downline Organisation understand the terms and conditions of the Contract and all applicable laws.
  • Motivate new Traders, provide training of product knowledge, effective sales techniques, the Company Marketing and Compensation Plan and compliance with Company Policies and Procedures.
  • Maintain ongoing contact and communication with the Traders in his or her network organisation.
  • Provide regular training and support in the development in his or her Downline organisation’s business network and sales of products.
  • Provide motivation, guidance and encouragement to Traders in his or her Network Organisation

V. Trading Sales Responsibilities
Regardless of level of achievement, the Trader has an ongoing obligation to continue to personally promote sales through the generation of new customers as well as servicing existing customers.

VI. Misrepresentation
The Trader shall not make any claims with regard to the Company products that are not found in any literature of Esabee Products. A Trader may not make any expressed or implied medical claims relating to any Product. Under no circumstances may a Trader prescribe any of the Products as suitable for a particular ailment. In the event that the Company reputation is tarnished or damaged as a result of such behaviour, the Trader will be liable for any costs or damages arising from such action. Esabee will not be bound by the Trader concerned in any settlement related to such costs or damages.

I. Trademarks and Copyrights
The Company’s Logos, Trademarks and copyrighted materials are not to be used by any individual on any print or electronic media without written approval from the Company. Traders are not allowed to distribute or sell any recorded event or seminar of the Company without permission from the company.

II. Imprinted Stationary
Traders are not authorised to include the Company Name or Logo to any literature without written consent from the Company. Only approved graphics and wordings are permitted.

III. Company Literature
Only Company approved Sales tools are to be used by Traders. This is to ensure that accurate and consistent information is provided to the public, as well as portraying the proper image of the Company.

IV. Advertising
It’s the responsibility for Traders to safeguard and promote the good reputation of the Company and its products. Only Company approved materials may be used in the placement of any advertising in any print or electronic media. Any Trader who wishes to make an advertisement for supply of products by mail order must obtain prior approval from the Company and comply with the Malaysia Direct Sales Act and Regulations.

V. Trader shall not use the Company’s name, slogans, taglines, logos, symbols and/or trademarks (whether registered, unregistered or pending registration) without the prior written consent of the Company. Further, Trader shall not use such terminology or descriptive phrases or reference like “subsidiary, employee, representative and/or agent” in any of his/her stationery or self-printed matter.

VI. Unless otherwise indicated, all intellectual property rights (including without limitation to trademarks and copyright) subsisting in and/or arising from the Company’s name, domain name, trade mark, trade name, logo, symbol, slogans, taglines, documents, sales kits, brochures, literature, Marketing Plan, business plan, business models, forecasts, methodology, information, date, customer detail, processes, procedures, know-how, tools and all other materials provided by the Company or made available to the Trader; shall belong to and remain the property of the Company (or its designee).

VII. Esabee wishes to state unequivocally that the policy of the company prohibits any advertisement and/or selling via Internet and selling below the retail and / or recommended traders price.

I. Commission Earnings through Sales of Products
A Trader must be active and in compliance with the Agreement to qualify for bonuses and commission. The success of any Trader depends largely on the personal efforts of that Trader, the Company does not guarantee any level of profit or success, nor does it guarantee a specific monthly income.

II. Bonus and Commission Pay Period
Commission are disbursed every month at the monthly seminar by cheque. Commissions are calculated two (2) weeks after monthly closing subject to completion of final submission of applications and orders. Cheques will be ready for presentation in two weeks. Should the cheque presentation date fall on a public holiday, all commissions and cheques will then be issued out on the next working day. Any commission, bonuses, refunds or monies payable to a Trader will be forfeited if the cheques remain uncollected six (6) months after the issued date of the cheques.

III. Reissuing of Cheques
A charge of RM20/S$10 will be chargeable in the event of any request for reissuing of Commission cheques. If the check must be re-issued due to the Company’s error, no additional charge will be applied.

I. Direct Purchase
Trader should purchase his or her products directly from Esabee. If the products are purchased from other sources, the purchasing Trader will not received the personal sales volume that is associated with that purchase, as the Bonus Value of the product will be allocated to the original purchaser.

II. Payment Options
Purchases can be made by cash in local currency, by personal cheques from local banks in local currency, or by credit cards. In the event that cheques are declined, the purchaser will be contacted for an alternate form of payment. Products will only be issue after full payments are received. Any uncollected products after sixty (60) days from the purchase date will be deemed forfeited.

III. Damage Goods
The shipping company will be responsible for any damage occurs after it takes physical custody of the goods. A Trader who receives damaged goods should follow this procedure:

  • Acknowledge the delivery
  • Document any defects or damage on the goods on the delivery receipt before the delivery person leaves
  • Save the damaged goods for inspection by the shipping company
  • Make an appointment with the shipping company to have the damaged goods inspected
  • File a claim against the shipping company

IV. Price of Products
The Company reserves the right to change the prices of any products or literature without prior notice.

I. Refund of Initial Order
The Company offers a 100% satisfaction guarantee on the Initial Order of a Trader. If a Trader is not satisfied with the Product of the Initial Order, he or she may return up to 1 package of the Initial Order within sixty (60) days of purchase for a refund. The returned products have to be unopened, untouched and unaltered. The Company will refund the net purchase price less credit card or etc charges (if the initial payment is paid by Credit Card, etc).

II. Refund of orders (Except Initial Order)
The Company will refund 90% of the wholesale price, less applicable Bonuses on products that are unopened, untouched and unaltered. The product has to be in the original packaging.

III. Retrieval of Commission paid to uplines
When a refund is made, the Company will retrieve all commission paid out through debit notes or negative commission adjustment against future commission on all uplines related to the sale.

IV. Refund Procedures

  • Produce the sales receipt and products at the Corporate Office
  • Fill up a Products Refund Form
  • Upon approval of application, the Company will issue the refund amount within fourteen (14) working days.

I. Disciplinary Sanctions
Esabee reserves the right to implement any of the following corrective measures in the event of any violation of the agreement stated in the Policies and Procedures or any illegal, deceptive or unethical business conduct:

  • Issuance of a written warning
  • Requiring the Trader to take immediate corrective measures
  • Imposition of a fine, which may include withholding bonus and commission cheques
  • Loss of rights to one or more bonus and commission cheques
  • Withhold a Trader all or part of his or her bonuses and commissions during the period that the Company is investigating any conduct allegedly violating of the Agreement. If a Trader’s business is cancelled for disciplinary reasons, the Trader may not be entitled to recover any commissions that are withheld during the investigation period.
  • Suspension of the Trader’s account
  • Involuntary termination of the offender’s Trader Agreement
  • Any other measure expressly allowed within any provision of the Agreement or which the Company deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Trader’s violation of the policy or contractual breach
    • In situations deemed appropriate by the Company, the Company reserves the right to institute legal proceedings for monetary and/or equitable relief.

II. Grievances and Complaints
In the event that a Trader has a grievance or complaint against another Trader regarding any practice or conduct in relationship to their respective businesses, the Trader should first report the problem to his or her introducer who should review the matter and try to resolve it with the other’s party’s introducer. If the matter cannot be resolved, it must be reported in writing to the Management. The Management will review the facts and attempt to resolve it.

I. Suspension
The Company reserves the right to suspend a Trader when deemed necessary. In the event that the Trader is suspended, he or she may not have the right to represent himself or herself as a Trader of Esabee and that any commissions and/or bonuses due will be held in abeyance by Esabee.

Products or services may only be purchased for personal use at Trader price. All commission held in abeyance will be distributed upon resolution of the suspension, less offset owed to the Company.

II. Termination
Upon termination, the Trader’s Tradership is revoked and all rights as a Trader are terminated. The terminated Trader also loses all rights to future sales commissions and/or bonuses and all other benefits associated with the activities of a Trader and his or her sales organisation.

III. Involuntary Termination
Any Trader whom violated the terms stated in the Trader Agreement and/or Policies and Procedures may be terminated or otherwise disciplined. The company may suspend a Trader while serving the notice of cause citing instance(s) of the violation(s). The suspended Trader is required to provide satisfactory explanation, defence or remedy within ten(10) days after receiving of the notice of suspension and intent to terminate.

IV. Voluntary Termination
The Contract can be voluntarily terminated by a Trader who is not in breach of the Contract by providing a notice in writing to the Company signed by all Person(s) listed on the Trader Application Form. Voluntary termination is effective upon receipt of such notice by the Company. A Trader who voluntarily terminates his or her Tradership may re-apply for a new Tradership six(6) months after the date of voluntary termination. During this six(6) months period, he or she is not permitted to participate in any Trader Business or have a Beneficial Interest in any Tradership.

I. Agreement
This Contract contains the entire understanding between the Company and the Trader, and is intended as a final, complete and exclusive expression of the terms of all parties. In the event of any discrepancy between verbal representations made to the Trader by any employee or Trader of the Company, the written terms and requirements of the Contract will prevail.

II. Modifications
The Company reserves all rights to make any modifications to the Contract.