Monetise Your Passion For Health & Wellbeing With Hello Day

Well-being Mentor Policies and Procedures

The Hello Day Policies & Procedures ensure that each WBM is treated fairly and is given the opportunity to pursue a business with Hello Day Limited hereinafter referred to as “Hello Day”, the “Company”, or the “Home Office”.

The Policies & Procedures can be amended as needed at the sole discretion of the Company and form an integral part of the WBM Agreement. Amendments to the Policies and Procedures are binding and effective immediately upon notification (provided that the Company shall give at least 60 days’ notice of any amendment to the WBM’s financial obligations).

Every Hello Day, hereinafter referred to as “WBM” or “Well-being Mentor” is responsible to read, understand, and adhere to the most current version of the Policies and Procedures.

Questions regarding policies may be directed to compliance@hello-day.com

Table of Contents:

Culture, Values, & Community

At all times, WBM must:

1. Operate with the highest level of integrity, ethics, and professionalism. This includes maintaining professionalism and courtesy with customers, other WBMs, Customer Care, and all other members of the Home Office team.
2. Not discriminate against any individual because of age, race, creed, or legally protected status. Discrimination of any sort will not be tolerated.
3. Act in good faith at all times.
4. Provide helpful Customer Service in the spirit of developing long-term Customer relationships.
5. Refrain from making disparaging comments or gossiping about others.
6. Abide by all the guidelines and policies to ensure our environment remains positive and supportive.
7. Abide by the social networking Rules & Guidelines as outlined in this agreement.

The Company may terminate a WBM’s WBM Agreement and sever relationship ties with any WBM who does not comply with these policies or who fails to operate within the “Good Will” spirit of Hello Day.

WBM Status, Qualifications, & Compensation

AGREEMENT TERMS

To become a Hello Day WBM, one must be 18 years or older, be a United Kingdom or permanent resident, possess a valid National Insurance Number or Tax Identification Number, and be sponsored by a current WBM also known as “Sponsor” or “Leader”. If there is no Recruiter/Sponsor identified on Agreement, a Sponsor will be assigned by Hello Day in accordance with policy on assignments. The Home Office will remain the Recruiter.

In order to register to be a WBM, the Applicant must visit our website and agree to these stated terms and conditions of the WBM Agreement, which includes the electronic acceptance of this agreement, and includes payment for the cost of a Well-being Mentor Well-being Mentor Kit plus applicable sales tax (VAT) and shipping. By checking the box that you agree to the terms and conditions upon recruitment, you agree to abide by these stated policies.

Online Agreements must be submitted by 11:59pm [GMT on the last day of the month to count as a newly recruited WBM for that month. As soon as the Home Office approves and has accepted your registration, you will receive an official WBM welcome email.

Applicant understands there is no guarantee of income, bonuses, commissions, overrides, or insured any level of profits or success. Applicant further certifies that neither Hello Day nor the Recruiter/Sponsor has made any claims of guaranteed earnings or success that may results from the Applicant’s independent business activities as a WBM of the Company.‘

ADHERENCE TO THE HELLO DAY COMPENSATION PLAN

WBM must adhere to the full terms of the Hello Day Compensation Plan as set forth in the Career & Compensation Plan. WBM cannot encourage other current or prospective WBMs to participate in our company in any manner that varies from the program as set forth in official Hello Day material.

INDEPENDENT CONTRACTOR STATUS

A Hello Day WBM is considered an independent contractor. The Agreement between Hello Day and WBM does not create an employer/employee relationship, agency, partnership, associate, agent or joint venture between the Company and the WBM.

The WBM shall not be treated as an employee in respect to any applicable employment or tax laws or regulations. The WBM is not covered by any employment protection legislation and will not be treated as an employee with respect to this Agreement for any tax or legal purposes, or otherwise. WBM shall abide by all laws relating to the conduct of a WBM business applicable to an independent contractor. WBM will not state, imply or represent to any person that they are a Hello Day employee or state, imply or represent to a prospective WBM that they will become a Hello Day employee.

As an independent contractor, the WBM is responsible for submitting and paying all taxes and duties due from all compensation earned including national insurance contributions, income taxes, and the proper collection and payment of VAT. Hello Day is not responsible for withholding, and shall not withhold or deduct from a WBM’s bonuses or commissions, if any, or taxes of any kind, unless withholding becomes legally required WBM will keep all such proper records as are necessary to ensure the proper assessment and payment of any such taxes or duties and make all relevant filings and returns required by law.

A WBM agrees that he/she shall control the manner and means by which he/she operates a Hello Day business, and shall establish their own goals, hours and methods of sale, subject to compliance with these Policies and Procedures and applicable law. WBM will be responsible for their own conduct in relation to their business with the Company and will indemnify the Company as regards any claims against the Company and/or WBM arising out of WBM’s conduct.

A WBM shall be solely responsible for paying all expenses incurred, including but not limited to travel, food, accommodation, secretarial, telephone carriers/services, business supplies, sales tools and any and all other business-related expenses.

WBM will maintain adequate insurance against all relevant risks including public liability.

WBM may delegate the performance of their services under this Agreement to such third party or parties as may, at WBM’s request, be approved by Company in writing as properly trained and competent for that purpose, provided that (i) such third party undertakes to Company to adhere to the terms of the Agreement and (ii) no such delegation shall relieve WBM from any obligations or liabilities under this Agreement so that WBM shall be fully responsible for the acts and omissions of any delegate to the same extent as WBM is responsible for their own acts and omissions under this Agreement, and WBM shall indemnify Company in relation to the acts and omissions of any delegates accordingly.

REQUESTS FOR UNEMPLOYMENT

Since WBMs are independent contractors and are not considered employees of Hello Day, a WBM should never claim unemployment benefits. Doing so will result in the termination of your WBM agreement.

NO EXCLUSIVE TERRITORIES

No franchise is granted and there are no exclusive territories for sales or sponsoring purposes.

INTERNATIONAL ACTIVITIES

WBMs are authorized to sell Hello Day products and recruit direct retail customers or WBMs only in countries in which Hello Day is authorized to conduct business as announced in official Hello Day Home Office communication, materials or on Hello Day website. However, before initiating any Hello Day related activities in any authorized country, a WBM must first complete all requirements to become a Global WBM. A Global WBM may begin activities in any authorized country in accordance with the applicable terms and conditions of that country as communicated by the Home Office.

INTERNATIONAL PRE-MARKET ACTIVITIES

Prior to the official opening of a country, permissible WBM activity is limited to providing business cards and conducting, organizing or participating in meetings. Attendees must be personal acquaintances or acquaintances of personal acquaintances. According to country guidelines, these meetings must be held in a home or a public establishment but may not be held in a private hotel room. Should you have more than 20 Participants confirm attendance, please be certain to reach out to our Support department for specific guidelines on how to best conduct this meeting.

WBM Pre-Market opening conduct prohibited in all markets includes but is not limited to:

• All cold-calling techniques (soliciting persons who are not prior personal acquaintances of the contacting WBM) are strictly prohibited in authorized and unauthorized markets,
• Importing or facilitating the importation of, selling, gifting or distributing in any manner, Company products, services or product sample(s),
• Placing any type of advertisement or distributing any promotional materials regarding Hello Day, its products or the opportunity, except for official Hello Day material specifically authorized for distribution in unopened markets as designated by Hello Day,
• Soliciting or negotiating any agreement for the purpose of committing a citizen or resident of an unopened market to the opportunity, a specific recruiter or specific line of sponsorship. Furthermore, WBM may not sign up a citizen or resident of unopened markets in an authorized country or by using the WBM Agreement forms from an authorized country, unless the citizen or resident of the unopened market has, at the time of sign-up, permanent residence and the legal authorization to work in the authorized country. It is the recruiting WBM’s responsibility to ensure compliance with residency and work authorization requirements. Membership or participation in, or ownership of a corporation, partnership or other legal entity in an Authorized County does not by itself fulfill the residency or legal authorization to work requirements.
• Accepting money or other consideration, or being involved in any financial transaction with any potential WBM either personally or through an agent, for purposes relating to Company products or the opportunity, including renting, leasing or purchasing facilities for the purpose of promoting or conducting Company-related business,
• Promoting, facilitating or conducting any type of activity which exceeds the limitations set forth in Hello Day’s Policies and Procedures or which Hello Day, in its sole discretion, deems to be contradictory to Hello Day’s business or ethical interests in international expansion.

WBM can only sell products outside of their country of registration through cash and carry.

LICENCES

Some local councils might have rules that restrict the way you conduct your Hello Day business. Contact you local council office to determine if any business licenses are required. Also, if you live in rented, housing association or a similar check whether there are any limitations on conducting business activities in your home.

WBM ID NUMBER

Upon joining Hello Day, each WBM is assigned an individualized consultant ID Number. This number is used to identify the WBM and should be submitted on all correspondence to the Home Office.

A WBM may only have ONE open account (WBM ID number). ID numbers are maintained with WBM Name, Address, Birth Date, and National Insurance Number. Hello Day reserves the right to terminate any or all duplicated Agreements upon discovery. The most current Agreement(s) will be terminated.

A WBM may only have ONE open account and therefore cannot hold a second Agreement with Hello Day in another Country. Should a WBM resign or cancel their account and decide to re-join Hello Day, their reactivated account will use the same validating information used in the original Independent WBM Agreement.

PARTNERSHIPS

The Company will not accept Agreements from partnerships, LLCs, teams or corporations. WBM Agreements are valid only between the Company and an individual. Regardless of relationship, marital or family status, a WBM may reside at the same address as another WBM.

If another member of your immediate family or household exists on your downline, the following policies apply:

1. WBM will no longer be able to strategically place new recruits with members of their household.

2. WBM who have members of their household within their upline will be subject to periodic leadership audits to ensure that they are demonstrating the leadership tenets set out within this policies document. If the audit reveals a deceptive placement, the Home Office will have the right to roll up the team and/or terminate one or all members of the immediate family or household.

3. WBM cannot suggest or recommend to a potential WBM that they should join the team of their household or family member, thus going around the issue of strategic placement restriction.

The spirit of this policy is to not deceptively or falsely build-up another member of your family or household as this can lead to poor leadership and team spirit.

TRANSFER OR ASSIGNMENT OF RIGHTS

A WBM cannot sell, assign, or transfer their Hello Day business. There is no sale value or transfer value of any business developed within Hello Day.

INFORMATION MODIFICATION

A WBM cannot revise the National Insurance Number associated with her/his account for any reason. We encourage WBMs to immediately update any change of billing or shipping information in their Green Room.

We understand that individuals transferring from other companies may not wish to be immediately discovered on our website “Find a WBM” search tool. As a result, we will allow WBM 30 days to operate under a modified name. After 30 days, they must update the system with their correct name. [There is a blackout period regarding this policy from January 1^st to February 1^st when Company’s tax reporting information is processed.] All WBM information must be accurate during this time. Failure to do so could result in Federal and State fines to the company that will be reimbursed to the company from his/her commissions.

KIT RETURN POLICY

The Well-being Mentor Starter Kit is not exchangeable at any point.

The Well-being Mentor Starter Kit is only refundable on cancellation or termination of your WBM Agreement in the circumstances set out in the Terms & Conditions.
If you cancel your WBM Agreement before the Well-being Mentor kit has shipped out, we will issue a refund and your account will be considered “Resigned” and put on a re-recruitment freeze for six months.

BUY BACK POLICY

If a WMB’s Agreement is cancelled or terminated at any time, Hello Day will repurchase WBM’s inventory in accordance with the provisions set out in the Terms & Conditions.

COMPENSATION

A WBM may receive from Hello Day compensation, recognition and benefits as set forth in the Development and Compensation Plan (as amended or replaced). Any compensation, recognition or benefits earned will be conditioned upon compliance with the terms of the Development and Compensation Plan, this Agreement, and maintenance of good standing with Hello Day’s Policies & Procedures. The standards and criteria for participation in the Development and Compensation Plan as well as entitlement to and formula for, payment of compensation may be modified in Hello Day’s sole discretion with, any such modification becoming effective immediately upon publication of such modification.

COMMISSION PAYOUT

Personal commission is calculated on the basis of PRV (Personal Retail Value) and bonus earned is calculated on the basis of paid BV (Bonus Value) and is paid within the first 15 days of month’s end.
Hello Day ’s Development and Compensation Plan details commission and bonus payouts, ranks, and override percentages, and can be found online in your Back Office, hereinafter referred to as the “Green Room”.

Commissions are paid monthly through a third-party company. Each time a WBM becomes eligible to receive commission, a PayPal account is created. You will be notified by PayPal directly and PayPal will provide with instructions to complete your account. There you can transfer money to a current account or spend it on websites accepting PayPal. There are fees when you receive the commission. The fees come as a percentage via the third-party company. To learn more, please go to https://www.paypal.com/uk/webapps/mpp/paypal-fees for the current amounts.

Our payment portal is run by a third-party company, PayPal, that works within all applicable banking regulations. All policies of PayPal cannot be modified or overturned by Hello Day. Please reach out to them directly with questions through https://www.paypal.com/uk/smarthelp/contact-us

COMMISSIONS POLICY AND PAYOUT TIMELINES

From time to time, the Company may place items on sale at a promotional discount. These special sale items are commissionable on the sale price of the item and not the regular retail price.

Rank/Title Promotions occur in the first week of the month following the month that all qualifications are met. If you have any issues or discrepancies with your commission report, they must be reported by the end of the calendar month following the month for which the commission was issued. For example, if you have a concern about November’s commission, you must report that issue to the Home Office by the end of December of that same year. Issues reported after that timeline will not be researched or adjusted. To report a concern, please email support@hello-day.com

Commissions are issued to WBM in their name only and cannot be paid to businesses, trust funds, etc.

If overpayments are made, Company will deduct overpayment from WBM’s next payout.

If a WBM is terminated, they will receive commission on any sales they made that month, but they will not be paid out sponsorship commissions.

Hello Day is not responsible for withholding and shall not withhold or deduct taxes of any kind from bonuses and commissions or any other payents to WBM, if any, unless such withholding becomes legally required.

COMMISSION PAYOUTS
Directly to you from a consumer:

When a cash and carry transaction occurs – WBM sells the product to the customer and earns a retail profit. Customer takes product immediately.

When a Customer purchases something from the WBM that needs to be drop-shipped to them but pays cash, the WBM places a matching order with Hello Day using her credit card and pays Hello Day’s own retail price (not the Wholesale price). The WBM is recommended not to drop ship an order at wholesale value to a customer.

Paid through a commission cheque/deposit

On all orders generated through the Green Room, which are orders placed direct with Hello Day by customers introduced by WBM and are paid using the Customer’s credit card.

Recruiter, leader, and certified mentor bonuses

Special monthly sales incentives

Car/Lifestyle bonuses

CASH ADVANCE FOR COMMISSION

Company does not advance cash or advance any portion of commission or bonuses relating to: cash prizes, cash payouts, trip programs or contest, etc.

COMMISSION ADJUSTMENTS

Any commission or bonus earned and paid on products returned must be repaid to Hello Day by the WBM. If the WBM is current, Hello Day will offset such amounts from future commission and/or bonus payments. If a WBM is no longer current (resigned or terminated), the company will pursue a legal claim for repayment.

NON-COMMISSIONABLE SALES

A WBM earns commissions only on sales of Hello Day products. For example, a WMB does not earn commission on:

Well-being Mentor Starter Kit Sales

Free Product

Shipping/Tax

Hostess Incentives

Hostess free gifts

Hostess Rewards Program Product Samples

Business supplies and marketing materials

Fast Start Bonuses

Hello Day Event tickets/registration fees

WBM STATUS LEVEL

The WBM status level is determined by sales activity and is primarily used for coaching information by the Home Office and your upline leaders. Your current status is listed on your Activity Report in The Green Room. Definitions of each level are below:

• CURRENT – A WBM who is current on her/his monthly website maintenance fee and is in good standing with all company policies and procedures.

• PENDING CANCELLATION – WBM whose annual fee is due but has not yet been paid or has not paid monthly website maintenance fee. All commissions will be held until fees are paid. After 15 days in pending cancellation the account will be set to CANCELLED.

• CANCELLED – Non-payment of monthly website maintenance or annual fee within 15 days of payment due will result in cancellation of the account, the account will remain in this status for 4 months during which time the account may become current again by making payment of all outstanding fees. After 4 months in CANCELLED status the account will be set to DEACTIVATED.

• DEACTIVATED – WBM whose Account has been closed due to non-renewal of annual Agreement or failure to pay monthly website maintenance fee. Once deactivated, the account is closed, and downlines will be rolled-up to the next qualifying WBM. Reactivation is possible within four months of deactivation by contacting Customer Care and making payment of all outstanding monthly and annual fees, however, the downline roll-up is permanent. An account that has been set to deactivated for 4 months will be considered RESIGNED.

• RESIGNED – WBM who officially resigned with the Home Office. A resignedWBM may re-recruit after six months with the purchase a new Well-being Mentor starter kit.

• TERMINATED – WBM whose Agreement has been terminated by the Home Office. A terminated WBM may not re-recruit at any time.

WBM SUBSTITUTIONS AT HOME WELL-BEING SHOWS

A WBM must conduct her/his own Well-being Shows to earn personal commissions. You may not ask another WBM to conduct a Well-being Show on your behalf. If you cannot attend a booked Well-being Show, rather than cancel and disappoint your Hostess, you may ask another WBM to stand in your place. However, the Well-being Show must be re-booked and new party opened on the replacing WBM’s account so that the associated commissions are accurately reflected.

ANNUAL RENEWAL OF WBM AGREEMENT

WBM Agreements automatically renew every 12 months following the WBM’s original start date. For example, if a WMB has a start date of January 1, 2019, her/his automatic renewal date and renewal payment due date would be January 1, 2020. The annual Agreement renewal fee is £55. Renewal fees are subject to change with notice. Renewal fees will be charged automatically to the primary card on file on the WBM’s account.

Renewal fees must be paid in currency (WBM business credits may not be applied toward the renewal fee) and are not refundable.

It is the responsibility of the WBM and their upline to track an upcoming renewal date and be prepared for the upcoming renewal fee.

WBM must pay their renewal fee online and agree to the latest terms in the WBM Agreement. Payment of this fee will constitute an agreement to the terms of the latest WBM Agreement and allow the WBM to remain as a Hello Day WBM for an additional 12 months, until the next renewal date.

Failure to pay the annual renewal fee after 15 days will result in the cancellation of the WBM’s account. The WBM will have four months to pay the annual fee (and all outstanding monthly fees) to reactivate the account. If the fees are not paid, the account will be deactivated and all downlines will be rolled up to the next qualifying WBM. The account may still be reactivated over the next four months by contacting customer service and paying all fees due, but the downline roll-ups are permanent. If the fees are not paid after 4 months of deactivation, the account will be set to ‘resigned’.

PERSONAL WEBSITE RENEWAL FEE

Upon recruitment and acceptance of the Terms of Agreement to become a WBM, a Hello Day replicated website will be created for the new WBM, who will be able to select an extension URL address at that time. The Well-being Mentor starter kit includes 30 days of website hosting for free. Once the original 30 days pass, the WBM will be prompted to submit a credit card to reactivate her website. The website maintenance fee is £10/month and will be charged automatically each month thereafter to the primary credit card on file. WBMs are encouraged to speak with their accountant or tax adviser to discuss this and other business expenses that may be tax deductible.

TERMINATION OF WBM AGREEMENT

The following terms are used to describe a termination of the WBM Agreement:
RESIGNATION – WBM may voluntarily terminate Agreement at any time and for any reason by submitting a letter or email to the Home Office via the Hello Day customer services address: customerservices@hello-day.com.

A WBM who resigns must also send copies of the letter or email to their upline WBM and notify any downline WBM of her termination. All Resigned WBM downlines will immediately roll-up to the next qualified WBM, in accordance with our policy on “Roll-Ups”.

DEACTIVATION – Deactivation means a loss of WBM status and all WBM benefits including product discounts, company mailings, eligibility for WBM contests, events and incentives, as well as the loss of all downline WBM and related coaching commissions. All deactivated WBM’ downlines will roll-up to the next qualified WBM, in accordance with our policy on “Roll-Ups”, during the following calendar month.

The WBM Agreement may be deactivated:

• As a result of the WBM’s resignation.
• At the conclusion of the initial term or any renewal term without notice.
• At the death or retirement of the individual WBM.
• Immediately upon relocation and change of the WBM’s permanent residence to one outside of the country where WBM signed the agreement.
• For any reason, provided the WBM is given 30 days’ written notice. The Company will notify the WBM by email at the latest address listed with the Company for the WBM.

HOME OFFICE TERMINATION – The Company may terminate a WBM Agreement at any time and for any reason by notifying the WBM in writing of our decision to terminate. Company may immediately terminate Agreement without notice in the event of your death, insolvency, assignment for the benefit of creditors, or misrepresentation in or breach of any provision of the Agreement, violations of policies as herein defined. The Home Office may also terminate the WBM Agreement if there has been a breach of any term of these policies, the Development and Compensation Plan or the WBM Agreement, by the WBM, whereupon the current year’s fee will not be refunded to the WBM. For purposes of this Agreement, a “breach” shall include, but not be limited to, any actions by the WBM, which in the Company’s sole discretion, the Company believes:

• Discredits the Company’s name, goodwill or products
• Violates any provision in any way which is contained in this WBM Policies & Procedures
• In any way misrepresents the Company’s products or business opportunity.

The Company shall notify the WBM by email of the Home Office Termination at the latest email address listed with the Company for the WBM. Terminated WBM will not be accepted back into Hello Day.

EFFECT OF TERMINATION

Terminations of the WBM Agreement are effective immediately upon receiving notification of Resignation, Deactivation or Termination. Upon termination of the WBM Agreement for any reason, your team will roll-up as per our policy on Roll-Ups. In addition, you will lose any product credits and awards, and incentives that you have earned. You will receive earned commissions for sales but not leadership bonuses within the month that you are terminated.

Upon termination you will:

1. Within five days of termination pay all amounts due and owed to Hello Day;
2. Cease representing yourself as a Hello Day WBM immediately;
3. Be ineligible to receive any unaccrued compensation or benefits as a WBM.

You will cease all use of Hello Day Intellectual Property and Confidential Information and will cease holding Well-being Shows, trade shows, presentations or otherwise displaying, offering for sale or selling Hello Day products. If you offer for sale or sell Hello Day products in violation of the foregoing sentence, Hello Day will be entitled to recover from you £ 267 as liquidated damages without having to prove actual harm. If requested by Hello Day, you will return all Confidential Information to Hello Day and inventory on hand.

TERMINATED WBM INTER-SELLING POLICY

These conditions apply to WBMs who have resigned or wish to resign or have been terminated involuntarily by Hello Day. If the WBM is left with unused Hello Day products, they may try and sell these items to other WBMs for 20% discounted off the wholesale price. For example, if you would like to sell a product that wholesales for £30, you may sell it to another WBM for £30. A buying WBM is under no obligation to buy all of your inventory and may choose to only buy certain items from your overstock.

ROLL-UP POLICY AND RESTRUCTURE POLICY

Roll-Up can occur when a WBM who has sponsored a team:

• Has Resigned, been Deactivation, or Terminated by Home Office,
• Fails to meet the Hello Day Leadership Tenets,
• Is Inactive for 4 consecutive months

At the time of a WBM’s Roll-Up, every WBM below her will immediately be compressed up to the Next Qualified Leader. The Next Qualified Leader must have the WBM Status Level of “Active” in the previous month and have a previous month Pay Rank equal to or greater than the rolling-up WBM’s Career Rank, thereby preventing a Director from rolling-up to someone at a WBM Pay Rank.

Additionally, a Next Qualified Leader is someone who has the willingness and capacity to actively coach the team rolling up to her as per the Hello Day Leadership Tenets.

Home Office reserves the right to reassign and restructure the compressed team to a different leader on a different team if these qualifications are not adequately satisfied. Roll-ups can occur immediately and without prior notification. However, the Home Office has up to thirty days to process roll-ups, they are effective in the month executed and will not be retroactive to the date of the original request.

RE-RECRUITMENT

A WBM may reactivate his/her Agreement when the Agreement was terminated as a result of Resignation or when the account is considered Resigned after 4 months in Deactivated status. A WBM who wishes to reactivate must:

1. Wait six months from the date the account was Resigned or considered Resigned before reapplying.
2. Sign up online and submit a new WBM Agreement.
3. Purchase a new Well-being Mentor starter kit at the current price.

A WBM who was terminated by the Home Office may not reactivate at any time.

Customer Care

Customer Care Agents are not WBMs but this section describes the protocols to be followed by Customer Care Agents including in their relationships with WBMs so that WBMs know what to expect in their dealings with Customer Care Agents.

PROTOCOL

All Customer Care Agents are required to follow protocol implemented by the Company. Agents are not authorized to amend or override Company Protocol and/or WBM Policies. Customer Care Agents are not able to discuss, disclose information, or determine the results of a pending WBM Compliance case. All matters escalated to the Compliance Department will require further communication directly with the Compliance Department at compliance@hello-day.com

WBM are expected to uphold the same culture, values, and community policies during communications with a Customer Care Agent. Violation of these policies can result in suspension, or termination.

ORDER AND HOST ORDER PLACEMENT

Agents cannot take an order for a WBM over the phone unless there is a clear technical obstruction with their Green Room or Replicated Site.

Agents cannot place a Hostess Order for a customer or WBM over the phone or via email. Agents are required to follow the Party Order Change Request Protocol if an order placed does not attach to a party.

SHIPPING REFUNDS

Agents are not able to authorize a shipping refund for an order that falls within the selected shipping window.

EXPEDITING SHIPPING

Agents cannot expedite an order that is still within the selected shipping window, or in transit. Backordered items cannot be expedited. Agents cannot request a shipping speed faster than Express 4 business days.

LOST PARCEL

Contact the Company: customerservices@hello-day.com

STOLEN PARCELS

The Company cannot replace or refund parcels that have been stolen after confirmed delivery. This becomes a home insurance claim.

ORDER PROCESSING

Orders will be processed for shipment to arrive within the shipping window that corresponds with the selected shipping method. Hello Day’s, primary shipping company is Diamond Logistics. Factors which many increases delivery time include, but are not limited to: credit card declines, extreme weather conditions, impeding transportation services, etc.

SHIPPING & HANDLING

Hello Day does not charge a handling fee. Rather it charges for Flat Rate, Regular, and Express Shipping.

RETURN POLICY

We want you to be 100% happy with your products. If you are not, we will definitely offer you a return or exchange! All returned or exchanged items must be postmarked no later than 30 days from the date of product shipment (to keep things fair we are firm on this policy).

RETURNS: We will refund you the price paid for the eligible item including VAT. We cannot, however, refund any shipping charges.

Please read important guidelines/restrictions below prior to mailing your item(s):

Limited Edition items are not eligible for return or exchange.

Individual Items from Seasonal Boxes cannot be returned or exchanged unless returned as a whole with the box.

Opened or Damaged items after delivery: are not eligible for return or exchange (you should always refuse an opened or damaged carton being delivered)

Well-being Mentor starter Kits or individual contents from the Kit cannot be returned or exchanged as per our WBM Agreement Policy.

The above restrictions on returns do not affect your rights to return products on cancellation or termination of your WBM Agreement as set out in the Terms & Conditions.

EXCHANGES: Once we receive the original item, we will ship out the new item for FREE! Any balance due will be charged to the credit card indicated on your Return & Exchange Form. Any credit to your account will be refunded to your original form of payment.

WBM RETURNS OVER £ 1000 IN RETAIL VALUE

You may not order items for a vendor event in the hopes of returning the items that do not sell: such ‘speculative’ orders are in breach of the WBM Agreement. If the Company determines that a WBM has placed ‘speculative’ orders then any such products over £1000 in retail product value may not constitute more than 10% of returns, and will be subject to a 20% restocking fee. You may not split orders in the hopes of working around this contractual restriction on ‘speculative’ order and our return limitation and restocking fee. Deceptive ordering may result in an account suspension and/or termination.

NON- ELIGIBLE RETURNS/EXCHANGE ITEMS

Items returned from a Customer or WBM that are not eligible based on our Policy will be notified by our Returns & Exchange Department with the option of having the item shipped back to them with a re-ship fee. Customers and WBM will have 7 calendar days to respond to this option before the product is disposed.

REPLACEMENTS

If a product is damaged, defective, or incorrect upon arrival, they simply need to send a photo of the item within 30 days of the shipping date to compliance@hello-day.com and we will send them a replacement at no charge. Damaged or defective items outside the window will not be replaced or refunded. (See Customer Care Policies)

ALLERGIC REACTIONS

Given that our ingredients are naturally-derived, customers may experience an allergic reaction to a product. When this occurs, we will refund the customer completely. We ask that the customer send in a photo of the reaction and complete an Allergic Reaction Information Form – provided by Customer Care.

COMPLIANCE REQUESTS

Customer Care Agents cannot make changes to account status’, recruiters, sponsors, or adjustments that will affect commissions, or team structures. If you feel that an adjustment needs to be made, please reach out to compliance@hello-day.comwith a detailed reasoning for your request.

WBM Leadership

SPONSORING

Sponsoring is an excellent way for WBM to grow their Hello Day independent business and potentially increase earnings as a new WBM Recruiter/Sponsor. When a WBM chooses to recruit/sponsor new WBM into the business, the Recruiter must provide adequate training and support for new team member (See the Development and Compensation Plan for details on benefits associated with Recruiting and Sponsoring others).

SPONSORING CONFLICTS

WBM should always ask potential leads at the beginning of first contact if they have already been speaking with another Hello Day WBM. In the case where the potential new WBM has spoken with another current WBM, it is expected that each WBM remain professional and showcase our culture of support by answering any quick questions she may have, but then always refer the lead back to that original WBM. When everyone honors this system, everyone wins.

The potential WBM will always determine who they would like as their sponsor. Hello Day recognizes the Recruiter as the name shown on the first Agreement received into Hello Day.

A new WBM submitting an online Agreement with incorrect Recruiter information will have 7-business days to clarify Recruiter name and intent. After 7 business days, the Recruiter on the Agreement will stand. Clarification will require an email from the recruit, from the corresponding email address on file, requesting a specific WBM with ID Number as their intended recruiter.

NON-ASSIGNED RECRUITS

If a new Agreement is received without a Recruiter’s name, or is signed up under “Corporate”, Hello Day will contact the new WBM to determine who, if anyone, has contacted them and/or worked with them. If no Recruiter is identified, Company will remain the Recruiter and assign a Sponsor based on proximity, title, and leadership qualities.

OFFERING INCENTIVES FOR RECRUITMENT

WBM may not offer incentives, free products, discounts, rebates, refunds, compensation or gifts to encourage recruitments. You may only offer incentives that are presented through the company during the duration of that incentive promotion. In addition, WBM should never use the privilege of strategic placement as an incentive to join her/his team. Suggesting or insinuating that you will “build up a team” for a potential new WBM is strictly prohibited and may lead to roll up, complete reassignment, or termination.

OFFERING INCENTIVES OR GIFTS TO YOUR TEAM

Although it is great to have leaders give gifts to their team members, when these gifts become public knowledge, it can set up an unlevel playing field for other WBM (i.e. If s/he joins your team, you will give her/him an X for promoting.) Over time offering incentives for promoting can get competitive among and expensive for team leaders. Although we are not restricting the value of the gift, we are restricting public display/acknowledgment/recognition of the gift, either through social media channels, written/electronic communication, or personal conversion. WBM can only publicly acknowledge gifts/incentives that are no more than £50 per earner/winner at any given time. This policy encompasses gifts, cash, bonus points, offer of bill payment, and all other forms of gifting and payment.

TRAININGS OR GATHERINGS

Trainings and gatherings can also be considered a type of gift and, therefore, must be consistent with the “Offering Incentives Or Gifts To Your Team” policy.

A leader may choose to subsidize or offer trainings or gatherings, but cannot reimburse, contribute, or gift more than £50/person/day.

If you are supporting your team in this way, more than 30 days prior to event, you must provide Compliance with details of this training/event, and what aspects of the event you will supplement, if any, for your attendees. You may not promote or suggest publicly in any that this is the organizer’s event. All announcements of the event have to be regarding the team as a whole and not the organizer.

HELLO DAY LEADERSHIP TENETS

WBM who recruit and sponsor others must provide a minimum level of support to WBM in order to maintain Sponsor status. Our Hello Day Leadership Tenets are as follows:

Mandatory

• Actively practice the Core Values of Hello Day as described in these Policies & Procedures.

• Exemplify the cornerstone of Hello Day by maintaining an active and consistent growth of customers, either through Well-being Shows, Vendor Events, or other methods.

• Regularly recognize team members for efforts and achievements through personal notes, phone calls, team newsletters or forum postings.

• Actively engage in goal setting and mentoring with all team members.

• Conduct training for WBM-in-Training via forum communication, phone or in person within 1 week of the new recruit signing up to be a Hello Day WBM. The sponsor must offer several reasonable time slots and be prepared for the training.

• Return phone calls or emails within three business days unless a WBM has pre-notified her downline of vacation during which s/he will be unavailable.

• Attend all planned meetings and trainings for which the Sponsor did not call in advance to reschedule or cancel.

• Communicate proactively from the Sponsor to the downline by email, phone or in- person meetings to check in with the downline on business goals and progress.

• Disseminate information from the Home Office in a timely manner. The Home Office reserves the right to transfer a sponsor’s downline if these qualifications are not met.

Recommended

• Well-being Show Observation: Sponsors are encouraged to arrange for a new team member to attend a Well-being Show that s/he is leading or that someone else on her team is leading within 45 days of recruiting. RemoteWBMs who live 50 miles or more away from the Sponsor should be supported by phone.

• Attend Hello Day’s Annual Conference and one or more regional trainings throughout a calendar year.

REMOTE SPONSORS

When sponsoring long-distance, Sponsors must still provide training, support, and recognition to their WBM as defined in the Hello Day Leadership Tenets. Notes, handouts, video and Skype or Facetime during team meetings are effective ways to include remote WBM in place of live, local training and/or meeting attendance.

CROSS SPONSORING

Cross sponsoring is strictly prohibited. Cross sponsoring is defined as the recruitment of an active WBM or a resigned or deactivated WBM who has been active within the preceding six months within a different line of sponsorship. This includes the use of a spouse or relative’s name or assumed names to circumvent this policy. You may not demean, discredit or defame other WBM in an attempt to entice a WBM to become part of your sponsored group.

LEADERSHIP WORKSHOPS AND GROUPS

WBM are welcome to create leadership workshops and groups for those within Hello Day and outside of Hello Day. You may not, under any circumstance, collect money, gifts, or consideration for the knowledge, information, or your time from participants in these groups. All groups and workshops must be free.

If you host an in-person training and there are expenses associated with the training, there can be a registration fee that pays for the expenses, such as AV, food, etc. but you cannot charge an additional fee for your time and knowledge/information. You will be required to present a full breakdown of the expenses to each participant before collecting money. Additionally, you must clearly communicate that this event is completely independent from Hello Day Corporate Office.

You cannot charge for one-on-one direct sales coaching while being a current WBM.

ETHICAL CONDUCT

As a WBM, you agree to conduct your business with the highest standards of honesty and integrity.

You agree to refrain from making negative, disparaging, untrue or misleading comments about the Company, its owners, directors, officers, associates, other WBMs or any other direct-selling company or such company’s products. You also agree not to engage in any activities that may cause harm to the Company or any other WBM.

When attending a Hello Day event, or serving in a capacity as a Hello Day WBM, such as at a one-on-one, vendor event, social media post or Live feed, or Well-being Show, you must behave in a professional way that reflects well on our brand. You must avoid use of profanity, unsanitary practices, disparaging or negative conversation, and unethical practices. You should strive to be a consistent “force for good” as a Hello Day WBM.

SOLICITATION AND POACHING

During the term of the WBM’s Agreement, a WBM may not directly or indirectly, whether for the benefit of oneself or any other person or entity, hire, solicit, recruit, encourage or attempt to hire, solicit, recruit, encourage in any capacity (collectively, “sponsor”) any other Hello Day WBM for any other direct selling opportunity or business. If a WBM sells for another company and has a group page for their team, their upline leader is required to be in their team training group.

In addition, Hello Day WBM may not reach out to leaders at other direct sales companies regarding the Hello Day opportunity – a practice commonly known as “poaching”. If a leader in another company reaches out to you regarding our company, you may engage in conversation and actively try and recruit this individual to our company. Please capture and save your “first contact” communication in the event that you are asked about poaching from the Home Office or the Direct Sales Association.

FALSE RECRUITMENT

You cannot enroll a WBM, they must recruit themselves and agree to the Terms and Conditions on the application. Doing so could result in the suspension and termination of both accounts.

You also cannot recruit someone without their clear knowledge and understanding that they are joining the company as a WBM.

You cannot position the Well-being Mentor Starter Kit as a discounted collection. This Kit should be used solely for the purpose of launching a Hello Day business in earnest.

MISREPRESENTATION

Non-Hello Day products(s) are strictly prohibited from being positioned as Hello Day products.

CHANGE OF SPONSOR

Changes are not permitted outside of the Strategic Placement Program (see Development and Compensation Plan for details). In the event there is a conflict between a leader and a member of their team, the company will step in and help mediate the conflict. Based on the mediation, the company may come forward and issue a change of placement or termination.

STRATEGIC PLACEMENT

Per our Development and Compensation Plan, you will be eligible to strategically place personally recruited members of your team within your downline. To do so initially, you must hit the rank of Star WBM, and view a Strategic Placement Training video within The Corporate Facebook Page. To continue to be eligible to make strategic placements you must maintain a Paid as Rank of Star WBM. If you do not maintain the Paid as Rank of Star WBM (or above) in a given month, you will not be able to make placements the following month.

To execute a strategic placement, you must do the following:

• Log into your Greenroom
• Click on the “Organization” tab
• As a Star WBM, you will see a new option available to choose- “Waiting Room”. Any new WBM who are eligible to be placed will show up in the Waiting Room.

• Simply click on “Place (WBM’s name).”
• A box will then open where you can type in the name or ID number of the Sponsor you wish to place the new Recruit under.
• If you do not want to place a WBM, no action needs to be taken, as they will disappear from your waiting room once their Place By date expires.
• Once a placement request is made, an email notification will be sent to both the new Recruit and the potential new Sponsor for their approval.
• They have 14 days to approve this request (that time period includes the day in which the request was made), or the request will expire and disappear permanently.

They will each, individually, need to login to their Greenroom, where they will see a notification alert. They can click on the notification and it will take them directly to the pending request, or they can choose the “Placement Request” option in the “Organization” tab to approve the placement
If a new Recruit declines the Strategic Placement, a drop-down menu with two options will appear.

1. Decline this placement: This will decline only this specific placement request.
   The new Recruit will be put back into your waiting room and they will be eligible for another placement if they are still within the “Place By” date.
2. Decline all placements: This will not only decline this specific placement but will prevent all possible future placement requests of this newly recruited WBM
   The request will be complete when both the new recruit and the new sponsor have replied “Agree” to the move via the Waiting Room process. This must be done within 14 days of the initial placement request. Failure to follow the above guidelines will cease the reassignment.

Requests for Strategic Placement and the confirmation “Agree” emails from both the new recruit and the sponsor must be sent before 12:00 AM GMT

STRATEGIC PLACEMENT BLACK OUT DATES

No strategic placements can be requested on the 25^th day of the calendar month through the final day of the month. This blackout period is to ensure that leadership changes are being made with long term strategy in mind and not to ensure a promotion.

For some, this blackout period may reduce the amount of time you have to place a new recruit, and it is extremely important to be mindful of this. For example, if the 30^th day for placement falls on the 30^th day of the month, you must make your placement before midnight on the 24th, even if, technically speaking, the 30-day placement period doesn’t end until the 30th. So, the minimum amount of timeone would have to make a placement on a month that has 30 days, would be 24 days, which we believe is still ample time to get to know your new recruit and choose the best foreseeable place for him/her within your team.

We will not make any exceptions to the terms of this Strategic Placement policy.

If we feel that a WBM is using Strategic Placement in a way that is not in the best interest of her/his team, we may suspend or completely revoke this privilege, reassign strategically-placed WBM,
privilege, or suspend or terminate the WBM’s account.

SPONSOR REASSIGNMENT EXCEPTIONS

There are a few exceptions whereby a reassignment of sponsor may be considered. Hello Day will review each request on a case-by-case basis, and reserve the right to reject or grant the transfer of sponsorship after full investigation.

Release of Team – A Sponsor may release her/his team at any time for any reason. In order to do so, the Sponsor should email contact@hello-day.com with a letter of release. The Company will decide whether the team reassignment will be effective immediately or on the 1st of the following month. Each individual team member will roll-up to the Next Qualified WBM.

Deceptive Sponsorship – In cases where a WBM is assigned to a Sponsor in a deceptive manner or such a manner that it was not clear to the sponsored WBM who her/his Sponsor would be, the sponsored WBM may request to be transferred to a different Sponsor, with her team intact. The new Sponsor will be assigned by Hello Day. The request must be made by the sponsored WBM directly by emailing Contact@hello-day.com within thirty (30) days of her/his placement.

Disruptive or Hostile Relationships – In cases where a WBM-Sponsor relationship is strained to the point where it is disruptive and/or causing negativity with downline WBM, the sponsored WBM may request to be transferred to a different Sponsor, with her team intact. The new Sponsor will be assigned by Hello Day and special requests will not be accommodated. The request must be made by the sponsored WBM directly by emailing customerservices@hello-day.com

Inadequate Support – Should a WBM not receive support as defined by the Hello Day Leadership Tenets by her Sponsor and the situation is negatively impacting the WBM’s overall business, a request for Sponsor reassignment may be made by sending an email to
customerservices@hello-day.com . At the time the request is made, the WBM must be able to clearly demonstrate a history of inadequate leadership. If the WBM is unable to demonstrate proof of inadequate leadership, Hello Day will work with the WBM and her Sponsor to discuss the situation further. No special requests will be honored.

Corporate Assignments – In the case when a WBM signs up directly on the Company website and is subsequently placed with a Sponsor by the Company, and the new WBM after being assigned feels that he/she is not compatible or comfortable with the assigned Sponsor, the new WBM may request reassignment by emailing customerservices@hello-day.com within thirty (30) days of the original assignment. The WBM requesting a sponsor change may not select a new Sponsor. The Company will assign a new Sponsor based on those qualified to receive leads.

MATERNITY LEAVE

Our compensation plan, also known as the Development and Compensation Plan, allows women to flex in and out of selling Hello Day when other aspects of life gain priority. Therefore, WBMs are given a 3-month extension on all policies related to roll up within this agreement when they request a Maternity Leave. Our company will make every effort to support the growth of your team during this amazing time in your life. Please send your request 30 days prior to the start of your leave to compliance@hello-day.com

VOLUNTARY LEAVE

We encourage WBMs to volunteer their time, whether it be with the Red Cross, Habitat for Humanity, or aiding with natural disasters, and will support you while you do so. Please notify the Home Office at compliance@hello-day.com as soon as you decide to serve.

If your service takes you away from your Hello Day business for more than 2 weeks, we will waive all leadership requirements as long as you have leadership systems in place while you are away. If your service is longer than 4 weeks, we reserve the right to temporarily roll up your team to the Next Qualified Leader. This new leader, if active, would receive the sponsorship bonuses, but you would continue to receive the recruitment, and any certified mentor and lifestyle bonuses. Once you return from your service and feel you can once again lead, please provide proof of your service and your team as it existed before will return to you. Proof of service can include a letter from a Director or Regional Organizer and should be emailed to compliance@hello-day.com

MILITARY LEAVE AND RELOCATION

We offer an indefinite suspension due to military service, which allows our WBM to avoid the rollup of her team, per the Compression Policy. Because leadership within the company is so important, if your leave is longer than three months in duration, the Home Office reserves the right to temporarily roll up your team to the Next Qualified Leader. This new leader, if active, would receive the sponsorship bonuses, but you would continue to receive the recruitment, certified mentor, and lifestyle bonus. Once you return from your leave and feel you can once again lead, your team as it existed before will return to you. Please notify the Home Office as soon as you are notified of your leave to arrange for your Military Leave exemption.

TEAM NAMES

We recognize that team names can create a great sense of belonging, but creating a team also symbolizes strength in leadership. Therefore, only Lead Directors and above may create an official name for their team and have a symbol, animal, or icon to represent their team. Please send your request to support@hello-day.com.

Once a WBM has achieved the rank of Lead Director or above, they may submit their team name and symbol to Hello Day’s Support Team for official approval. Their team name and symbol must not correspond or create confusion with another team’s name and symbol.

After the team name has been approved by the Support Team, the leader may choose to build a webpage for the sole purpose of creating team spirit and organizing support materials. See the “PERSONAL WEBSITE” policy for important regulations regarding a team page.

Purchase, Sales & Care of Products

PURCHASE AND SALE OF PRODUCTS

Hello Day is a direct-to-consumer business, and a WBM’s success with Customers depends on personal relationships. Through direct sales, the consumer may try before buying and receive proper individual instruction in product usage, both before and after the sale. Therefore, Hello Day’s policies regarding sales are intended to steer WBM away from the pursuit of the one-time only, impulse sale toward long- term, relationship-based sales. That is why Hello Day WBM must conduct in-person informational Well-being Shows for individual consumers or groups.

WHOLESALE VERSUS RETAIL

Our company views wholesale purchasing as an advance on your commission at the point of sale. It is important to keep in mind that if you sell wholesale items, you are responsible for disclosing your point of sale earnings on your personal tax return. Hello Day has recommended retail prices and, whilst the WBM is free to set their own retail prices when selling to customers, Hello Day does not recommend that a WBM drop ship an order at wholesale value to the customer.

CHANNEL OF DISTRIBUTION

No warranties, exchanges or refunds will be granted to Hello Day products known to be sold outside of authorized channels of distribution. All guarantees, refunds, warranties are void without an official Hello Day receipt/order form.

METHODS OF SELLING

Hello Day products are to be sold through WBM exclusively. WBM agrees that Hello Day products and Hello Day branded products will not be sold or marketed in any retail environment, eBay, Amazon, Poshmark, Facebook Maketplace, or other electronic forums, or website not authorized by Company. This policy extends past your agreement with Hello Day, meaning “Resigned” or “Terminated” WBM cannot sell Hello Day products on third party websites. The company will take action against anyone who supplies to an unauthorized third party distributor.

The WBM agrees to make only those product claims that are specifically set out for each product in materials supplied by Hello Day. WBM cannot create a video or written claim regarding product use that is not supported by the Company in its own written material.

CUSTOMER ORDER FORM

A Hello Day WBM is responsible to provide each Customer to whom the WBM sells products with an official Hello Day “Order Form.” This official Customer Order Form provides information legally required to be provided to customers for direct to consumer sales.

Retaining a copy of each signed Customer Order Form is proof of purchase, protecting the WBM from any future discrepancies. Signed copies are critical and can be used as “proof of purchase” when “charge backs” are in question. WBM may not use Hello Day’s official Customer Order Form for products/services not offered or sold by Hello Day. An official Hello Day Customer Order Form must be used in order to qualify for replacement or exchanges. All forms can be found in your Green Room.

NOTICE OF CANCELLATION

Every Customer who generates an order or makes a purchase from a WBM must receive a Cancellation notice (found on the back of the Hello Day Customer Order Form). A customer can cancel an order at any time up to 14 days from delivery of the order without penalty. If an order is shipped, the customer must return the item to the warehouse at: Hello Day Return Department within 30 days of the product ship date to receive full product credit including VAT associated with the product. Shipping to the customer will be refunded but cost of return by the customer will not be refunded.

ORDER SUBMISSION

It is the responsibility of a WBM to submit all order types into the system for orders paid by Hostesses and Customers in a timely manner, which should not exceed a 24-hour period after monies are collected and/or payment clears. Hello Day is not responsible for order delays incurred by the WBM due to circumstances beyond their control such as: personal computer malfunction, typographical errors, entering any customer data incorrectly, weather, acts of God, etc. It is the sole responsibility of the WBM to double check all orders for accuracy prior to processing. Should a WBM submit an address that is incorrect, it will be her/his responsibility to cover any additional shipping or administrative costs.

On the last day of the month, orders and payments submitted by 11:59 pm GMT will count for the current month. Please note that if an order has not been paid in full by the end of month, it will not count for commission, awards, or incentives for that month. The sales will be applied to the month in which the entire order is paid in full.

OUT OF STOCK

We work very hard to prevent out-of-stock products. Because we purchase from dozens of professional vendors, having backorders is virtually unavoidable. Information will be provided to WBM and customers either on the invoice or on a separate drop note included in the package explaining which of the following actions will be taken when an out-of-stock situation makes a product temporarily unavailable:

Temporarily Out Of Stock – Back-ordered products will be indicated on Invoice and will be shipped once the product becomes available.

Permanently Out-of-Stock – If the product has been processed, a credit for the product will be issued to the account or a substitution of equal or greater value may be sent. Hostess incentives will receive substitutions of equal or greater value or a product credit of equal value to the account. If the order is cancelled, the company has the right to offset such amounts against future commissions and other compensations paid or owed to the WBM.

Please note that out-of-stock products may reduce the retail value of an order, which can affect sales volume, awards, recognition, etc.

INVENTORY LOADING

Hello Day is dedicated to minimizing the risk of improper “inventory loading.” Hello Day supports the conducting of a healthy business with no product inventory. However, WBM are free to purchase additional product(s) if the WBM believes this will help better support their business;

Purchasing additional product is in no way a requirement or an assurance that WBM’s business will do better;

WBM purchasing large quantities of product(s) for the sole purpose of meeting sales goals or contests may be terminated for inventory loading; and

All products carried as inventory will have the same time frames associated with Hello Day’s Return & Exchange Policy and exchange program. It is the responsibility of the WBM to check for defects upon arrival of their shipments. Damaged or defective items on orders delivered over 30 days will not be replaced or refunded.

You may not order items for a vendor event in the hopes of returning the items that do not sell: such ‘speculative’ orders are in breach of the WBM Agreement. If the Company determines that a WMB has placed ‘speculative’ orders then any such products over £1000 in retail product value during a 30-day period may not constitute more than 10% of returns, and will be subject to a 20% restocking fee. In addition, we will review the account to ensure that there was not deceptive purchasing to go around this policy.

QUANTITY CAPS

Often when we are launching a new product or putting a new product on the shelf, we will set a quantity limit of an item per household. WBM who violate or try and circumvent this policy will have their account suspended for 7 business days upon discovery, even if that time falls at the end of a calendar month.

CREDIT CARD DISPUTES

If a WBM requests a “Charge Back” for an order without completing standard return protocols, the WBM will be required to pay the bank fee and may have their account suspended or terminated.

PRODUCT RE-SALE

WBM may not re-sell: used samples, used products, open products such as testers or display products, refurbished products or returns from customers.

REPACKAGING OR RELABELING

Hello Day products must be sold in their original packaging to prevent violation of laws and/or civil liabilities. Repackaging of any Hello Day product is not permitted, including samples as private label products and/or to re-label or re-design any products or services.

DISPLACEMENT OF SALES/BONUS BUYING

WBM’s personal sales of Hello Day products may not be transferred to any other WBM. Bonus Buying is defined as placing an order for you or your personal customer’s products under another WBM. Hello Day reserves the right to cancel such orders and void all other benefits such as; promotion within the compensation plan, commissions, etc. up to and including termination.

MANIPULATION

WBM must adhere to the Hello Day Development and Compensation Plan and these Policies and Procedures in earning income and awards. Manipulation of Company procedures and/or the violation of Policies and Procedures to gain in personal earnings, downline commissions, incentives, awards, recognition, new WBM or promotions that WBM would not otherwise receive is prohibited and may result in loss of earnings or revocation of awards and incentives.
You are also prohibited from manipulating the Well-being Show totals by channeling unrelated orders into a Host’s Well-being Show to increase his/her benefits.

DISCOUNTS, SWAPS, FREE PRODUCT, AND FREE KITS

You may not offer discounts, free products, or other “gifts” to generate orders or new recruitments. You may not purchase a Well-being Mentor Kit on behalf of a WBM, nor can you provide a partial rebate, refund, or reimbursement to a new recruit. You cannot charge a new Well-being Mentor kit for another WBM on your or a household credit card. Doing so may lead to suspension or termination.

You cannot execute a product swap between Hello Day or any other brand as it gives the impression that we are a brand that encourages inventory loading. Additionally, it creates a secondary wholesale market between retailers, which ultimately hurts the long-term health of both companies.

CONTESTS/RAFFLES

WBM may offer customers raffles or a similar contest within a private social media group. The prize cannot exceed £100 in retail value, and you may not offer more than 1 prize at a time. If an entry requires a purchase, each WBM, by law, must make the group aware, either through text, a graphic, or video, of an alternative entry method that does not require a purchase of any kind. Donations for a general group raffle for a non-profit organization’s closed or ticketed event will be permitted up to £100 in retail value. The raffle cannot be advertised or displayed on a public site for auction or bidding.

BOOKING INCENTIVES

A WBM may offer a personalized coupon, free product, or incentive at an in-person Well-being Show of no more than £100 in retail value to guests who book their own Well-being Show at the event. Online Well-being Shows attendees are not eligible to receive booking incentives.

FREE SHIPPING

WBM can offer free shipping to their customers if they are including the items in another order, most commonly their own (see “Inventory Loading” policy). Please note, that if an order is awaiting the arrival of a product included in the combined order, it may hold up the shipment, and therefore may delay the order that has all items in stock and ready to ship. It is the responsibility of the WBM to explain this risk to all customers participating in the bundle. A WBM may not credit, refund, rebate, or in any way reimburse shipping charges as a way to entice purchasing and/or recruitment.

PRICE AND PRODUCT AVAILABILITY

Hello Day reserves the right to change the prices at which it offers products for sale and the range of products offered without prior notice.

COUPONS AND BLANKET DISCOUNTS

WBM purchases from Hello Day at a discounted wholesale price. WBM may not offer their personal Hello Day WBM discount to the public at large, including friends and family, to purchase from Hello Day. This discount is for a WBM’s personal purchases only. WBM may purchase products to resell to customers in ‘cash and carry’ transactions and for those sales WBM may set their own retail prices but Hello Day recommends that sales are made at its suggested retail price unless there is a Hello Day approved promotion being issued by Company.

WELL-BEING SHOWS AND HOST REWARDS

All Well-being Shows will automatically close 28 days after the Well-being Show event date. A WBM can close a Show in their Green Room at any time prior to the 28 days or by placing a host order. Host Orders may be placed at any time, including after the party has closed. Host can continue to earn rewards on all orders placed under their party until the party close date. Host Rewards from separate parties cannot be combined and all rewards earned will be applied to the Host Order at the time of the order, remaining reward balances will not be recycled. WBM may not manipulate Well-being Show orders, such as placing non-Well-being Show orders against an existing or future Well-being Show on schedule, in order to qualify for rewards, contests, or promotions.

As per manipulation policy, WBM is prohibited from channeling unrelated orders into a Host’s Well-being Show to increase his/her Host Reward benefits.

Well-being Show ORDERS

If an order is not connected to your party, please contact compliance@hello-day.comto complete a Party Order Change Request. To save you and the company time, we encourage every WBM to test links after embedding them in correspondence or postings. All move requests must be initiated by the customer, not the WBM show leader or Host. If a Party is closed but the order was placed within the open party timeframe, the order can be moved. If a Hostess Order was already placed, the order cannot be moved, even if that earns the WBM or Host an additional reward.

Orders placed with points must be applied to orders at retail value, but PRV will not be earned on items paid with points and will not add to the value of the party.

WBM AS HOST

The success of your business depends on sharing the Host opportunity with others so that they can help you acquire new Customers beyond your immediate reach. However, you may personally collect Host Rewards.

MYSTERY HOST

A Mystery Host is when you have a group place orders over a certain time period and then choose one person through chance to receive the host awards. There are certain restrictions around this type of party that must be clearly communicated from the onset. You must let people know that:

• The party retail total must be over £1000 in order for Host rewards to be generated, so there is no guarantee that there will be a “winner”
• You, as a WBM, may not place a personal order within this party. Nor can another WBM.
• The Mystery Host cannot return their order or apply Host credits to their previously purchased order. They must generate a separate host order.

POINTS EARNED

We will have ongoing promotions whereby you can earn “points” for purchasing product and products supplies. Each point is equivalent to £1 These points cannot be redeemed for cash. All order totals purchased with bonus points will be rounded up. For example, if the order is £25 it will require 25 points. You can view your points earned in The Green Room. Any orders placed using points must be placed with retail pricing and PRV will not be earned on items paid with points.

PRODUCTS CARE

It should be a priority of every WBM to display our products in the best possible way. If your products become too disheveled, it will negatively affect your sales and the Company’s image. WBM are encouraged to take great care of their samples and displays and to replace them from time to time as needed. WBM can receive free and discounted products through product credits and coupons earned periodically throughout the year. Company does not offer free products outside of what WBM have earned in product credits to replace samples.

COBRANDING

Hello Day reserves the right to partner with other brands or websites to create occasional co-branded promotions or giveaways. The purpose of these promotions is to gain awareness among (and access to) a new set of consumers who may not otherwise know about Hello Day. Our primary goal is to acquire new Customers so that we can direct business to our Independent WBM. In addition, partnering with well- known and highly-regarded brands promotes Hello Day’s fashion authority and raises overall brand awareness – helping open doors for our WBM’ own personal businesses. Please note: as a reminder to our WBM – in order to enhance the end-user experience, we request that WBM do not use these main-office sponsored promotions as a way to direct traffic to their personal websites. (For instance, if there is a contest where a website asks users to submit comments related to the promotion, please do not use the comments as a way to promote your personal website.) As you can imagine, this activity does not support the brand awareness goal and can cause confusion among people new to the brand. All Leads acquired from this promotion will be distributed through our normal Leads and Assignments system.

SAMPLE SALES

Given the nature of our business, Hello Day does not permit the selling of “samples” from your kit.

SALES PRESENTATIONS

At sales presentations, you shall truthfully represent the Company, yourself and the products. You may not use any misleading, deceptive or unfair sales practices. Explanation and demonstration of products offered shall be accurate and complete, including but not limited to, price, terms of payment, refund rights, guarantees and after-sales service and delivery. Personal or telephone contact shall be made in a reasonable manner and during reasonable hours to avoid intrusiveness. Immediately discontinue a sales presentation upon request of the consumer. Also, refrain from using comparisons, which are likely to mislead, and which are incompatible with the principles of fair competition.

THIRD-PARTY CONSUMERS

WBM who cultivate business contacts must remember that the business is permitted to purchase Hello Day products as gifts for employees or Customers, but there may not be a resale value attached to the products. WBM cannot become a “vendor” to another business. WBM who sell product to a business for gifts must include a personal letter with each gift that provides information about how the end-user can receive personal service from the WBM. Large-scale sales of Hello Day product to regional or national companies must be cleared by the Home Office to ensure proper inventory management and effective marketing collateral so that each recipient is provided with outstanding customer care.

PERSONAL WEBSITE REDIRECTING

Redirects from personally built websites can result in the order not generating under your account or party. Also, if products are moved in categories, it can reroute your customer to a dead end. Therefore, you can only lead potential customers and recruits to your replicated site’s homepage. You cannot redirect them to a specific product page.

CUSTOMER/HOSTESS PERSONAL INFORMATION AND ORDER FORMS

In order to ensure the security and confidentiality of your Customer’s personal information (for example, names, addresses, phone numbers and credit card information), please ensure that Customer and Hostess order forms are kept under your control at all times and never distributed or copied after your Customer fills out his or her personal information. Completed order forms must be treated as classified material. You must not store used order forms nor make them accessible to anyone other than your Customer. Order forms must be physically secured immediately after your Customer has filled out his or her personal information. Order forms must be secured in a locked box (or other lockable container) until you are ready to input the order through your Green Room. All order forms must be destroyed immediately after you have input the order through your Green Room. You must destroy your order forms by shredding or incinerating them. For purposes of follow-up and remarketing, please note that your Customer’s contact information (other than credit card information) is stored electronically under Contacts. If you prefer to keep a paper file, you must transcribe the Customer’s name, email, address and phone number (do not transcribe your Customer’s credit card information) for follow-up purposes.

TERRITORY RESTRICTIONS

There are no exclusive territories granted to anyone, and no franchise fees are required.

INTERNATIONAL SALES

We currently do not sell products outside of UK and Ireland. Anyone selling through cash and carry outside of the country, must comply with local law and can only do so through cash and carry.

RETAIL OUTLETS

We do not allow WBM to set up a permanent retail display and sell Hello Day products in a retail environment. A retail outlet includes a kiosk in a mall, boutique, grocery stores and flea markets.

NON-RETAIL BUSINESSES

WBM may leave a flyer or product display in non-retail establishments, such as doctors’ offices, with permission of the establishment.

MAIL ORDER

Hello Day WBM may not advertise, promote, sell or sponsor through other company catalogues.

NETWORK SALES POLICY

WBM may make Hello Day products available to other WBMs on a cost-recovery basis. For example, when a WBM has an item in her samples and another WBM does not have time to receive an order from Hello Day, it is acceptable for one WBM to sell the Hello Day item to another at wholesale pricing. Selling at retail pricing can create a secondary market for Hello Day products which can ultimately hurt the company and WBM businesses. No adjustments of volume or commissions will be made by the Home Office.

RENTAL SPACE

WBM may rent long-term space for Well-being Shows, however, in order to prevent the appearance of such a space as being a retail establishment, WBM may not store product in the location. The product must be stored in the WBM’s home. Any rented space, such as an event, under 30 days may have cash and carry inventory available.

INTERNATIONAL DISTRIBUTION

WBM can only sell products outside of the UK through cash and carry.

TRADEMARKS, PUBLIC RELATIONS, TITLE COMMUNICATIONS & INTELLECTUAL PROPERTY

The name Hello Day, and all Hello Day trademarks or trade names are the exclusive property rights of Hello Day and may not be used in or on any type of advertising or promotional matter, whether written or oral, or other materials, without prior consent of the company. Consent can be defined as use of marketing materials posted in the Green Room or specifically approved through written correspondence from the design team. Use of the trademark and trade names in items for sale purchase by other WBM or the general public is strictly prohibited.

All Company literature, text, logos, icons, photographs, audiotapes, videotapes, DVDs and programs published in any form and authored in any manner are copyrighted by Hello Day and may not be duplicated except with the written consent of Company.

Company reserves the right to request, and WBM agrees to, the immediate removal of any Internet advertising or Internet presence that Hello Day feels, in its sole discretion, is inappropriate, unacceptable, misuses Hello Day’s intellectual property, or in any way interferes with or damages Company’s rights in, or the goodwill associated with, such trademarks, trade names and copyrights.

AFFILIATION

WBM may not use Company’s name, logo or any of Hello Day’s registered trademarks without prior approval except as identified in these Policies and Procedures, the WBM Agreement, or as indicated by applicable laws.

A WMB wishing to identify their Hello Day business must use “Your Name, Hello Day Independent WBM.” WBM are not allowed to use “Hello Day Limited” or use the name “Hello Day” solely to suggest that WBM has a relationship with Hello Day other than that as a WBM. When identifying as a Hello Day WBM, it must be made clear that they are speaking as individual, and not on behalf of Hello Day.

ADVERTISING

You may advertise in local publications and online, but must make sure your ad is accurate, professional, and has received approval from the Home Office at compliance@hello-day.com . Your ad (whether in print, online, radio or television) must be limited to a 50-mile radius of the city in which you live. You must always list your Hello Day personal website address and use only official Hello Day logos with the permission of the Design Team.

WBM must always include contact information and identify self as an Independent WBM so that there will be no confusion that you represent the Home Office. WBM may not run advertisements that feature specific products for sale or blanket promotions.

Any online or offline advertising promoting, representing, or implying salaried positions, management positions, hourly wages, full or part time positions, or guaranteed incomes is considered misleading and is prohibited. The income opportunity is not a job and may not be presented as such. Terms such as “manager trainee,” “management positions available,” “travel provided,” “call for interview,” “positions available,” “now hiring” and other misleading statements are not allowed because these may imply employment.

USE OF HELLO DAY LOGO

The color and size of all Hello Day logos and brand identity files cannot be copied, changed or modified unless approved in writing by Corporate at ArtworkRequests@HelloDay.com. For branded marketing materials, the WBM should refer to the materials provided in the Green Room.

TRAINING MATERIALS

WBM may not produce, distribute or sell DVDs, videotapes, audiotapes and other training materials bearing the Company brand and name. If you have suggestions for training material, please submit your ideas to the Home Office by emailing Contact@HelloDay.com.

BUSINESS CARDS

WBM must purchase Hello Day Independent WBM business cards from a Company-approved vendor. These Hello Day business cards are approved for use in printed advertising and do not need additional approval from Company, as long as no other printed information appears in the advertisement other than the business card. Several business cards and other approved Hello Day marketing materials can be ordered from the head office.

PROMOTIONAL MATERIALS

The creation of any products using the Hello Day’s trademarked name, logo or other intellectual property, whether for personal or promotional use, must be approved by the Home Office before ordering/creating. These products would include, but are not limited to, clothing, pens, flyers or other promotional products.

The WBM acknowledges that all logos, trademarks and copyright materials of Hello Day and all rights therein are the exclusive property of Hello Day. Any abuse of the foregoing is actionable infringement for which Company may pursue any and all available legal remedies.

PRESS

The Home Office is the primary contact for all press and media. All members of the WBM force wishing to contact any members of the media for any reason should contact the Home Office first. Press includes any and all media including network television, newspapers, radio and all Internet media such as blogs, syndicated columns, broadcast shows and wire services. Please direct any questions and media inquiries to Contact@HelloDay.com.

MEDIA

The Home Office initiates all television, cable TV, radio, Internet, newspaper, newsletter and magazine interviews, features and paid advertisements. Hello Day WBM may not initiate, authorize or implement national or regional media publicity without the written permission of Hello Day. The Home Office maintains relationships with national and regional media and outreach should be a joint effort. WBM, however, are encouraged to initiate/implement local media interviews and should reach out to the Home Office Public Relations Department at customerservices@hello-day.com for prior approval and assistance.

All interviews with the media must be handled through the Home Office Public Relations Department. Whether the media outlet pursues the Independent WBM or vice versa, WBM must inform the Company before the interview is conducted (no exceptions). Contact the Home Office immediately and refer the reporter/writer to our public website for contact information.

All national media requests such as contributing to a story, must be referred to the Company immediately through Contact@HelloDay.com.

As with advertising, you may only personally approach local media when submitting a press release or story pitch. Your copy must be approved through Hello Day prior to sending it. You may submit your copy for approval to Contact@HelloDay.com. Please allow up to two weeks for approval. The Company requires WBM to list the Hello Day web address in addition to any personal contact information. The Company must approve proposals for regional or national media promotions in advance.

CONFIDENTIALITY

All lists of Customers, downline, and other WBM are proprietary property of the Company and constitute a business trade secret. Hello Day may make these lists available to you for the express purpose of supporting an individual WBM’s personal team. These lists may only be used in connection with her/his Hello Day business and for no other purpose. WBM must keep this information confidential and must not make the lists available to third parties. WBM agrees that any wrongful disclosure of the lists or the information on the lists will cause immediate and irreparable damage to the Company and that the Company may pursue all legal remedies available should this provision be violated. This provision will survive the termination of a WBM’s Agreement.

PHONE LISTING POLICY

Telephones, answering machines, and voicemails used for business purposes must include, “Your Name, Independent WBM with Hello Day .” WBM are prohibited from answering the telephone in any way that would give callers a reason to believe they have reached Hello Day ’s Corporate office. In other words, Hello Day Independent WBM may not use as their greeting “Hello Day” or any form of these words without the inclusion of a disclosure statement notifying the caller of the WBM’s status/association to Hello Day. (e.g.: “…you have reached (name), Independent WBM with Hello Day.”).
When listed in any white or yellow page phone directories, WBM must be listed as “Your Name, Hello Day Independent WBM.”

BANK/ CARD ACCOUNTS

WBM do not have authority (expressed or implied), to bind Hello Day in any way and may not be listed on any bank account, credit application, or other business form. WBM are independent contractors and are not authorized to and may not incur any debt, expense, obligation, or open any checking account on behalf of, for, or in the name of Hello Day.

The exception to this policy is that a WBM may open a personal checking account and include Hello Day in this manner only:

Name of WBM, Hello Day Indep. Well-being Mentor, Home Street Address, City, State, Zip

Taxes, Financial & Insurance

INCOME TAX

As a self-employed professional, it is up to you to maintain complete records regarding your income and expenses. This will greatly assist you when calculating your taxes every year. There are certain tax benefits that can be available to self-employed individuals, and everyone should consult their own tax advisors concerning how the benefits may apply to each individual case.

Hello Day

FREQUENTLY ASKED QUESTIONS ABOUT TAXES

If I don’t receive a Tax Form from Hello Day, do I still need to file a tax return? Yes, you need to report income you earned from sales of Hello Day products on your income tax return.

If I didn’t make in my Hello Day business, do I still have to file a tax return? Yes, if you are in business, you still need to file. If you had more expenses than income, you may have incurred a loss in your business that can be used to offset other income and reduce your taxes. You should discuss this with your accountant.

Am I a Hello Day employee? No, you are an independent contractor. You do not have an employment contract with Hello Day and Hello Day does not make any payments through you through PAYE, does not pay any employer’s national insurance in relation to your payments, doesn’t make any other tax with holdings or deductions from your payments.

Can I deduct business expenses? You should be able to deduct the expenses incurred in connection with your Hello Day business. Please contact your tax advisor concerning any questions you may have.

VAT AND FINANCIAL RECORDS

As an independent contractor, WBM is responsible for invoicing Hello Day for the services that they provide, including for commissions and bonuses on the introduction of customers to Hello Day, in order to obtain payment. To ensure compliance and as a service to its WBMs, Hello Day prepares and sends all required invoices, also referred to as “Statements”, to WBMs in a process known as self-billing. WBMs must consent to self-billing as part of their WBM Agreement.

WBM authorizes Hello Day to prepare Statements for the amounts owed to the WBM for the sale of products to customers introduced by the WBM or by the WBM’s downline and to issue them to the WBM.
A copy of each Statement will be made available to the WBM in the WBM Back Office promptly after the end of the relevant compensation cycle. Statements are available in electronic format only. The WBM shall be deemed to have accepted the Statement unless they object to it in writing within 15 days of the date on the Statement.

WBM must ensure that the information necessary for Hello Day to prepare invoices on their behalf is kept current and accurate.

If a WMB has provided a VAT number to Hello Day, any amounts paid to the WBM shall include VAT. If the WBM did not provide a VAT number to Hello Day, any amounts paid shall be deemed not to include VAT.

Hello Day shall not refund any tax or social contributions that have been withheld from the WBM as a result of erroneous or incomplete information provided by the WBM and Hello Day shall be entitled to recover from the WBM any amount paid to any government authority for tax or social contributions as a result of the failure of the WBM to keep his billing information accurate and current.

WBM financial information for the prior year will be available to WBM in their Green Room and your ……(cash Out Getaway) account. If you would like to see your financial records prior to that time, please send a written request detailing the following: Name, WBM ID, email address and mailing address to Compliance@hello-day.com

INSURANCE

WBM who opt to participate in trade shows or other similar events may be required to provide proof of general liability insurance. The Company does not provide insurance for independent WBM. WBM should speak with local insurance agent regarding insurance coverage for small and/or home-based business.

LIABILITY

1. Hello Day cannot guarantee, regenerate or in any way be responsible for Hello Day products purchased from sources other than Hello Day.
2. Hello Day cannot guarantee, regenerate or in any way be responsible for products that are not officially part of the Hello Day product line.
3. Hello Day cannot guarantee, regenerate or in any way be responsible for products that have been imprinted with the Hello Day trademark by sources other than Hello Day.

Events

WBM EVENTS POSTED TO THE HELLO DAY FACEBOOK PAGE

Hello Day lists all upcoming corporate events in the Events section of the Hello Day Facebook page. We will not post non-corporate sponsored events on our Facebook page.

CORPORATE OPPORTUNITY EVENTS

The purpose of an opportunity event is for guests to come and have fun while feeling welcome and comfortable to explore the business and gather more information about becoming a WBM. It’s also a great event for WBM to attend along with their guests, or to come alone and learn how to talk to others about our opportunity. We want the atmosphere to be light and low-pressure, but informative and helpful.

We love having WBM at Corporately-Sponsored Opportunity Events, and we hope that you will join us if/when we have one in your area. We also feel this is a great opportunity for any of your potential recruits to learn more about who we are as a company, at no cost to you. Here are some important guidelines to follow before, during, and immediately after Corporate Opportunity Events:

• You may not hand out business cards, personal contact information, or marketing material at any corporate events unless a potential recruit specifically requests it.
• You may not request potential WBM’s contact information.
• You may not hand out any samples, free product, or prizes.
• You may not disparage other WBM, our company, or any other company.
• You may not bring attendees who are firmly not interested in becoming a WBM.

NON-CORPORATE OPPORTUNITY EVENTS

You or a group of your team members may choose to get together and organize an Opportunity Event for potential WBM. You must consider whether or not an event like this makes sense or if it is better to schedule one-on-ones at a local establishment. Here are some guidelines that must be followed before, during, and after organizing a non-corporate opportunity event:

If you are the sole host of this event:

• You are responsible for the cost of the entire event and any advertising.
• You must indicate in any advertisement that this is a non-corporate event held by an Independent WBM with Hello Day.
• You may recruit any unattached new WBM to your team.
• You may not recruit any WBM who have indicated they have had prior contact with another WBM until:
• You have contacted the WBM indicated on the form.
• Told the potential WBM that you are happy to help them in any way, regardless as to whether or not they recruit with you.

If two or more WBM are hosting this event:

• You must ask every non WBM attendee to fill out an official Hello Day Registration Form (found in your Green Room). They must fill out their name and answer the question of whether or not they have been in contact with another WBM.
• You must indicate in any advertisement that this is a non-corporate event held by an Independent WBM with Hello Day.
• You may recruit any unattached new WBM to your team.
• You may not recruit any WBM who have indicated they have had prior contact with another WBM until:
  • You have contacted the WBM indicated on the form.
  • Told the potential WBM that you are happy to help them in any way, regardless as to whether or not they recruit with you.

EVENT LIABILITY

The Home Office will not be responsible for lost or stolen products in the event that a WBM brings her own personal products to a Training or Opportunity event. The Home Office recommends that all products be locked up during break periods.
Our office does not provide insurance or tax compliance information for vendor events or other programs.

TRADE SHOWS / EXPOS / BOOTH EVENTS, ETC.

Public events can be opportunities to receive exposure for your Hello Day business. You can find people interested in hosting a Home Well-being Show, purchasing the product or becoming a WBMs. However, it is important to consider the cost vs. the return. WBM may promote their business (selling Hello Day products and sponsoring) at exhibits and trade shows, in accordance with the following:

• The registration for the event must be as an Independent Hello Day WBM.
• The first WBM to register for the space with the event sponsor has the right to conduct that event. If a second WBM would also like to participate, he/she must contact the first registrant and obtain her/his permission. If two WBMs are registered without prior knowledge, it is up to the second WBM to withdraw from the event if the first registered WBM does not want double participation. When registering for events, it is a good business practice to check cancellation policies and to proactively check with the sponsor to ensure another Hello Day WBM is not already registered.
• The booth must be staffed at all times and must not be shared by another business.
• An event held in the common area of a shopping mall is permissible. Please note that Expos, Trade Shows and Booth Events are not considered a core part of the Hello Day business and the Home Office does not specifically recommend participation in these events, nor do we endorse any specific event. Furthermore, as a WBM, you are responsible for your decision to host or co-host a booth at an Expo, Trade Show, or Booth Event. The business agreements made between Hello Day WBM to host or co-host an event are the proprietary responsibility of the WBM and the event planners. We strongly advise every WBM to evaluate every business decision thoroughly before proceeding with the understanding that the Home Office is not responsible for the WBM’s participation or subsequent results. Participation in a craft fair or similar event shall be limited. You are encouraged to take creative approaches in your selling, however, your primary approach should always be a home Show. Before agreeing to participate in any other type of event, you should be able to answer “yes” to the following questions:
  • Is this event fair to all parties involved?
  • Is this legal and ethical?
  • Will this generate new bookings?
  • Will this approach provide the best environment for a successful event for the Host?

If you have any questions about whether to participate in an event, please contact the Home Office. When you register to participate in an event, the event sponsor may ask you for your VAT registration. Hello Day collects and remits the VAT on all orders accepted by the Company from customers introduced by the WMB. We do not provide our VAT registration information directly to WBM. If you are required to provide this information to the event organizer, please email the Corporate Office at customerservices@hello-day.com with the name and contact information for the event organizer so we may contact them and provide them with the necessary information.

SPONSORING CONFLICT FROM EVENTS

In the spirit of our collaborative culture, we encourage all opportunity events be “open to all,” meaning we encourage WBM to consider inviting their potential leads to these opportunities.

If you invite one or more of your potential leads to a non-corporate opportunity event, we encourage you to reach out to the coordinator of the event to:

• Determine if the event is going to be the right fit for your potential new team member
• Communicate that you have an established relationship with this potential WBM.
• Find out how to and commit to covering the cost of your guests. The Home Office cannot be responsible or help resolve any unpaid liabilities.

TRAINING EVENTS

WBM who are the rank of Lead Director and above, a Certified Mentor, and who have been active for the last 12 months, may offer to host an “open to all” business training.

WBM may not, under any circumstances, charge current Hello Day WBM or outside participants for any training programs or materials.

EVENT PLANNING EXPENSES

We strongly discourage WBM from putting forth money for hotel rooms, event expenses, food and beverage, etc in the hopes of receiving reimbursement. We also strongly discourage collecting money from WBM to be used toward expenses for an upcoming event. Instead, we would encourage WBM to pay vendors, such as hotels and restaurants directly for upcoming or recently held events. The Home Office cannot be responsible or help resolve any unpaid liabilities.

Social Media, Web & Lead Generation

SOCIAL NETWORKING RULES AND GUIDELINES

Social networks give every person a megaphone…this is a wonderful and powerful thing. Social networking allows you to share easily and broadly with a community. Because of our Hello Day professional community, while you are an independent business owner, you are not alone. Various Social Media forums allow you to feel connected to the positive energy of our community in many ways, every day. You can chat with people with similar goals, and the same affinities. That is something worth nurturing to be the best it can be – to lift up our community. We all know that to succeed, people need confidence, passion and motivation. Let’s help and support each other in these forums by following these guidelines.

When you post on Hello Day related Social Media pages, remember, you have a megaphone and your post can influence the nature of our community. Your message travels far and fast and can be heard by those you sometimes forget are even listening. Your message comes to WBM’ phone, their screens, and into their confidence and moods. It also takes up a bit of their time. So when you share, ask yourself:

• Is this a communication that is right for 100, 200 (or even more) people?
• Or is this something for a smaller audience?
• Is this a question for me to look up on our website?
• Is my question best answered by my Sponsor or by Customer Care?
• Is this an experience that benefits this group of people if shared?

Choose to lift others up rather than commiserate. (The problem with the latter is that it requires you and others to be miserable.) While sharing our daily experiences, both positive and negative is a natural thing, when realizing your comments are widespread, lifting up is the best rule of thumb!
Here are some tips on how to maintain positivity on Social Media forums:

• Share your authentic you. Share kudos, inspiring humor, learning experiences, and thoughts of gratitude broadly. These apply to and inspire all!
• Have a problem, complaint or question? Go to the smallest group of people required to actually fix or answer, simply starting with self-help. Most likely, this never belongs as a group post on Facebook.
• Show love and respect for your fellow WBM. We are a community of friends, but this is a professional community. We want to help people earn more to achieve success. Happiness, positivity, confidence—this is what your community needs. When you think about the good of the whole when you contribute to shaping our community, you will find that is how you can draw the most value from our amazing Hello Day Family!

ONLINE COMPLIANCE

Hello Day builds our brand for the general benefit of all WBM. Thus, our trademarked brand name cannot be used to drive traffic away from our corporate site. As an example, you may not purchase the full or partial trademark name as a search engine ad to drive traffic to your replicated site. Infractions will lead to immediate termination and potential legal prosecution.

You may not represent yourself in any way online that detracts from the Hello Day brand. In compliance with laws and Direct Selling Association policy, all Independent WBM marketing both in print and online must clearly appear as though it is coming from an independent representative of the company and not lead the consumer to think they may be interacting with the Corporate Office. Furthermore, any ad in which the trademarked Hello Day name or logo is used must be approved by the Office.

SOCIAL MEDIA COMPLIANCE

WBM are permitted and encouraged to do the following:

• Share posts and tweets on your page
• Post WBM’s own positive comments about upcoming Hello Day events
• Share news about a great party just held and post photos
• Share news about new and/or best-selling products based on WBM’s personal experiences.
• Post Hello Day newsletters and/or other newsworthy products, like press clippings or celebrity images, provided they comply with Hello Day guidelines.
• Post current promotions, incentives, and other Hello Day created programs.

WBM are prohibited from doing the following under any circumstances:

• WBM may not change any text of any materials provided by Hello Day without explicit, advance permission/approval from the corporate Home Office.
• WBM may not post, or reproduce any Company emails, personal corporate emails, business updates that have been noted as personal and or confidential.
• WBM may not change any imagery on any materials provided to WBM by Hello Day without explicit, advance permission/approval from the Home Office.
• WBM may not modify any collateral or marketing materials of any sort or kind, (press releases, invites, newsletters, email blasts, Hello Day Facebook posts or Tweets) at any time, without explicit, advance permission/ approval from the Home Office.
• WBM may not post anything negative or disparaging about Hello Day.
• WBM may not post anything negative or disparaging about competitors or other companies.
• WBM may not use any inappropriate or offensive images when promoting Hello Day.
• WBM may not post photos from parties the WBM has held without obtaining written permission from customers or guests.
• WBM may not post product launch press releases on social media sites.
• WBM may not issue a Press Release (PR) on behalf of Hello Day, or write PR in such a way that may cause confusion or somehow suggest the PR is supported, created, or authorized by Hello Day.

MARKETING AND NAMING OF REPLICATED WEBSITES

Your personal website should relate to your name so that the end shopper feels like they are experiencing that personalized shopping experience we are known for. You may not use Hello Day or any derivative thereof in your website extension. Additionally, using a generic extension like “shop”, “products”, or geographic locations, such as city names or major regions, etc., is not permitted.
For example, your extension can be www.hello-day.com/janedoe, www.hello-day.com/jdoe or www. www.hello-day.com /janed. You cannot use any name like www.hello-day.com/products,
The Home Office reserves the right to change your Personal Website extension if does not relate to your name.

RESTRICTED USE OF HELLO DAY TRADEMARKED NAME

The trademarked Hello Day name cannot be used in any Google AdWords or other search engine marketing campaigns of sponsored links. This includes the use of your Personal Website, since this contains Hello Day. All web advertisements must clearly contain the descriptor of Independent Sales WBM in both the title and description field.

USE OF HELLO DAY IN URLS

You may not use HD or Hello Day or any derivative in a registered URL with any extension. This is in violation of our trademarked name and can result in the termination of a WBM account.

USE OF HELLO DAY IN EMAIL ADDRESSES OR SOCIAL NETWORKING NAMES

You may not use Hello Day Hello Day or any derivative thereof in any email addresses or social media accounts and/or handles. For example, you may not use anything like HelloDayWBM@gmail.com or BestHelloDayWBM@gmail.com for email addresses and @WBM or @Hello Day WBM for social media. See below for details on Facebook & Twitter, specifically when deciding on a name for your account.

SOCIAL NETWORKING PAGES ON FACEBOOK AND MORE

You cannot create a fan page on Facebook, Twitter, Polyvore, Pinterest or any other social networking site that appears to be the Home Office. However, you may create a channel that includes the term “Independent WBM for Hello Day” in the name. You cannot use the word “official” or anything similar. If you are linking to your Hello Day Personal Website on a social networking site, you must clearly identify yourself as a WBM. If you decide to create a Facebook page for your Hello Day business, you must include “Independent WBM for Hello Day” in the name, and follow this naming order: “Your name, Independent WBM for Hello Day.” Do not use the Hello Day logo, the Home Office’s profile picture or any other branded image that isn’t approved by Home Office. Please do not create an alias for any sites like Twitter or others that use any permutation of the Hello Day name. Your Twitter account may not relate back to the brand or a specific region you represent. You can create a Twitter name using terms such as “Well-being Mentor” or “Products”. Examples that are not allowed include: @Hello Day, @forHello Day, @HD, etc.

SOLICITATION OF BUSINESS ON FACEBOOK, TWITTER OR OTHER SITES

WBM may not use the Hello Day Corporate Facebook Fan Page, Corporate Twitter account, Corporate Pinterest account to solicit business, drive people to your Personal Website, or sign up team members.

Facebook

Facebook Guidelines – Facebook is a great tool to help build your business and leverage your social network. Whether you are posting about Hello Day from your personal Facebook account, or from a Facebook page created entirely for building your business, we encourage you to leverage the content we share on our Corporate Fan Page. See below for some Do’s and Don’ts when posting on Facebook
Facebook Do’s:

• Do post to your personal Facebook page (i.e. a link to your personal site) and tag Hello Day Corporate in your post.
• Do share posts from the Hello Day Corporate Facebook Fan Page with your fans, by “sharing” the content and add in your own personal touch.
• Do invite your fans and friends to attend Well-being shows from your Facebook account.
• Do invite your fans and friends to attend specialized groups.

Facebook Don’ts:

• Don’t use the Hello Day Corporate Facebook Fan Page to solicit business from fans of the Home Office Facebook Fan Page. This includes posting a link to your personal website on the fan’s wall, or offering to sell an item to a fan who inquires about a product.
• Don’t use the Hello Day Corporate Facebook Fan Page to solicit prospective WBM to join your team.
• Don’t post negative comments about the brand on the Hello Day Corporate Facebook Fan Page.
• Don’t put individuals in one of your Facebook groups without a clear agreement to join.

Twitter

Twitter Guidelines – Tweeting about your Hello Day business can be a great way to build buzz and awareness. However, we ask that you follow a couple simple guidelines when tweeting about your Hello Day business:

Twitter Dos:

• Do identify yourself as an “Hello Day Well-being Mentor” in your Twitter bio.
• Do retweet an exciting celeb or press tweet about Hello Day, along with any tweet you find interesting to share from the Home Office.
• Do feel free to promote your own personal website on tweets you publish that do not include celebrity or media outlet @ mentions.
• Do share press and other interesting news from the Home Office by “re-tweeeting.”

Twitter Don’ts:

• Don’t promote or personally solicit business from celebrities, bloggers, influencers or media outlets or invite them to visit your personal website.
• Don’t reach out directly to celebrities, bloggers, influencers, national magazines or other media outlets on behalf of the brand. For example, you should not tweet a request to a magazine asking them to include Hello Day in their publication. Doing so may create confusion with these entities and our Home Office is working hard at developing these relationships on your behalf.
• Don’t respond or reach out to Customers and prospective WBM who tweet at the Home Office about the business opportunity and/or questions/observations about the business and our products. Home Office will respond to them directly.
• Don’t use the Corporate Twitter feed to solicit prospective WBM to join your team.

Pinterest

Pinterest Guidelines – Pinterest is a platform that you might consider to promote your business, which can drive traffic to your personal website and help spread the word about product to your social network. If you choose to utilize this platform, please follow these simple guidelines:

Pinterest Dos:

• Do install the “pin-it” button on your browser and pin Hello Day product from your personal website on your personal Pinterest page.
• Do re-pin Hello Day product that already exists on Pinterest and update the link to direct to your own PWS.

Pinterest Don’ts:

• Don’t leave comments on other people’s pins or Home Office’s pins with a link to your personal website. If several WBM were to leave a link to their personal website on pins in the comments section rather than repin the image, the original person who pinned may be discouraged from engaging with a WBM. If you have any questions on these guidelines, please contact compliance@hello-day.com.

Hello Day WBM may not sell Hello Day on any website other than her/his official personal Hello Day website. Hello Day WBM may not display product images on other websites where you can directly purchase the goods. You may NOT sell Company products (including Business Supplies) through any online auction service or any other website. Nor may you advertise your business or the business opportunity through online auction services. We have a no-tolerance policy on Internet sales and any infractions will result in immediate termination.

WBM TV CONTENT

You must receive written approval for all video content that is upload onto your BGTV device. All videos on the corporate page are approved for upload.

ONLINE AFFILIATES

An affiliate program is a marketing practice in which Hello Day rewards a select group of websites for each new Customer or WBM brought about by the affiliate’s own marketing efforts. WBM cannot be affiliates. Instead, WBM earn commission with our more lucrative WBM Development and Compensation Plan. So, even if we pay an affiliate commission on an order, we also refer that Customer to a WBM who receives future sales and leadership commission.

LEAD AND ASSIGNMENTS

Our Lead And Assignment Policy has been designed to provide Customers with the best possible local experience. By honouring the Customer, we believe we build the best business for all WBM. The Home Office will allocate Leads with the utmost integrity to WBM whom we deem to be exemplary members of the Hello Day team and whom we believe will provide the best support and leadership to our Customers and new WBM.

The corporate marketing and public relations efforts will primarily direct potential Customers/WBM to our official corporate website, www.hello-day.com. While on the official corporate website, the potential Customer or WBM may learn more about products and WBM opportunities. In general, most, but not all, Leads will be given to a WMB who:

• Embodies the core values of Hello Day and is an exemplary member of the Hello Day community, for example, a Hello Day WBM.
• Has a Career Rank of Lead WBM or above and earned the Pay Rank of Lead WBM or above in the previous month.
• Has met the Minimum Leadership Support requirements.

PERSONAL WEBSITES

Leaders, who are Lead Directors and above, may use personal websites to help organize materials for their team. They may not use personal websites to solicit sales or new recruits. You may not use our Hello Day logo on this page, but you may communicate that you are in Independent WBM for our company and use an approved team logo. It is the responsibility of the leader to update and maintain this site on a regular basis. Failure to do so will require that the site be disabled.

If you choose to create a website to help build spirit de corps, then you must post the following statement at the top of your website:

“The purpose of this website is compile information for the “Your Team Name”. Should you wish to purchase a Hello Day product or inquire about the opportunity, please visit (your replicated site name here).”

See the policy on “Team Names and Symbols”

COMMUNICATION OPT-IN

WBM agrees that Hello Day or a party acting on its behalf may contact you by telephone, text message or email. You consent and agree to Hello Day contacting you in this manner at the telephone number(s) or email address that you provided or as updated. You understand that your carrier’s standard rates may apply for phone calls and text messages. You understand that you may opt-out of receiving text messages, emails and phone calls at any time by changing your communication preferences on your website or phoning the Hello Day Support team. You understand that your consent is not a condition of the purchase of any goods or services. You consent and agree to the Hello Day’s privacy policy, the terms of which are incorporated by reference, when you sign and submit this WBM Agreement.

SEO AND GENERAL POSTING FOR LEADS

You may not create search engine marketing campaigns, such as Google AdWords, as it directly competes with Hello Day’s official website and any advertising placements we are running. In addition, it could drive sales from other WBM and may result in losing all of your PRV, team roll-up, suspension, and/or termination.

You may pay to boost a post on a social media channel as long as it:

Has been approved by corporate

Does not extend past a 50-mile radius from your permanent address.

SEO AD WORDS

You may NOT purchase Search Engine Optimization (SEO) words, such Google AdWords, to drive traffic to your replicated site. Doing so can drive sales from another WBM and may result in losing all of your PRV, roll-up, or termination.

HELLO DAY PARTICIPATION IN CHARITABLE EVENTS

From time to time the Company is asked to participate in charitable events coordinated through our Home Office. WBM who wish to submit an event for consideration should submit all relevant details to customerservices@hello-day.com Please note that generally speaking, Hello Day will defer local-area charitable events to be sponsored by local area WBM. Most events that Hello Day sponsors are at the national level. In the event that the Company agrees to a Well-being Show presence at a charitable event, all WBM with the career-level of Director and above within 25 miles of the event location will be approached with the opportunity to team up or pass on the event. Directors will be encouraged to donate their commissions to the charity while maintaining the benefit of retail sales and prospective WBM or future Well-being Show leads.

CHARITABLE LINKS AND GO FUND ME LINKS

Although we strive to help every member of our sales field when life takes an unexpected turn, our corporate team cannot promote links to funding pages, such as Go Fund Me as we do not have the resources or structure to manage these requests, nor the resources to take the important step of checking the validity of each situation.

TELEPHONE AND FAX SOLICITATION

There are laws and regulations that restrict telemarketing practices such as “do not call” regulations

You may not engage in telemarketing relative to the marketing of Hello Day products. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of a Hello Day product or service or to recruit them for the opportunity of marketing Hello Day products. “Cold calls” made to prospective Customers that promote either Hello Day products or the opportunity to market Hello Day products constitute telemarketing and are prohibited. However, your telephone call(s) placed to a prospective Customer (“prospect”) is permissible in the following situations:

• You may call people you have an established business relationship with. An “established business relationship” is a relationship between you and a prospect based on the prospect’s purchase or serious discussions about the purchase of goods or services from you, within the 18-month period immediately preceding the date of your telephone call to induce the prospect’s purchase of a product.
• If you receive written and signed permission from the prospect authorizing you to call.

Collecting business cards without posting your intention to follow-up and subsequently calling these contacts may be considered a form of telemarketing and should be avoided.

No person shall engage in “telemarketing” (which term includes promoting the supply or use of products or promoting any business interest) unless:

(a) disclosure is made, in a fair and reasonable manner at the beginning of each telephone communication, of the identity of the person on behalf of whom the communication is made, the nature of the product or business interest being promoted and the purposes of the communication.

(b) disclosure is made, in a fair, reasonable and timely manner, of the price of any product whose supply or use is being promoted and any material restrictions, terms or conditions applicable to its delivery

No person who engages in telemarketing shall make a representation that is false or misleading.

WBM may not use a “blast fax” or similar program or service to send messages by fax. WBM may only send fax messages to individuals with whom the WBM has an existing business relationship (“EBR”) and to any individuals that have provided their prior express written permission to receive fax messages from the WBM.

All faxes sent to those with whom the WBM has an EBR are subject to the following rules:

(a) The WBM must obtain the recipient’s fax number either through the recipient’s voluntary communication of such number, within the context of the EBR, or from a directory, advertisement or site on the Internet to which the recipient voluntarily agreed to make available his or her fax number for public distribution.

(b) Faxes must include a clear and conspicuous notice on the first page that the recipient may opt-out of receiving any further fax advertisements from the WBM (“Do-Not-Fax request”).

(c) Faxes must include a domestic contact telephone number where the sender can be reached as well as a fax machine number for the recipient to transmit a Do-Not-Fax request.

(d) Faxes must include at least one cost-free mechanism that the recipient can use to transmit a Do-Not-Fax request to the WBM, such as a Web site address, email address, or toll-free number.

(e) WBM must accept and process Do-Not-Fax requests 24 hours a day, 7 days a week, and all requests must be honored fully within 30 days.

All faxes must include, at the top of the first page of the fax in font size 12 or larger:
the date and time the fax is sent;

(f) the identity of the sender (which must be the WBM’s personal or business name); and

(g) the telephone number of the sending fax machine and of the WBM

Calling hours are restricted to weekdays between 9:00AM and 9:30PM and weekends between 10:00AM and 6:00PM. Restrictions refer to the time zone of the called party.

DO NOT FAX lists are to be maintained by the calling party and remain active for three years.

The sender must give a unique registration number to all persons who request to be added to the DO NOT FAX list. Names and numbers must be added within 7 days of the called party’s request.

Sequential dialing is not permitted and fax calls are not permitted to emergency lines or healthcare facilities.

GENERAL PROVISIONS SITE DOWNTIME

Each party acknowledges that the Hello Day website may be subject to temporary shutdowns from time to time for maintenance and/or due to causes beyond the operating party’s reasonable control, and that neither party shall have any liability to the other by reason of any such shutdowns.

Leveling The Playing Field

DISCIPLINARY ACTIONS

Any violation of Hello Day WBM Policies & Procedures or the WBM Agreement, or any illegal, fraudulent, deceptive or unethical business conduct on your part may result, at our sole discretion, in one or more of the following disciplinary actions:

• Issuance of a written warning or admonition.
• Imposition of a fine, which may be imposed immediately or withheld from future commission checks.
• Reassignment of all or part of your organization.
• Placing your Account on hold, during which period you may not conduct Hello Day business or receive compensation.
• Suspension of your WBM status, which may result in termination, or reinstatement with conditions or restrictions.
• Termination of WBM Agreement and WBM status.

ACTS OF HOUSEHOLD MEMBERS

The violation of a provision of the WBM Agreement or WBM Policies & Procedures by any member of your immediate household will be imputed to you and will subject you to disciplinary action, including possible termination of your status as a WBM.

GRIEVANCES AND COMPLAINTS

If you have a grievance or complaint that is not a violation of our policies, about another WBM that you are unable to resolve regarding any practice or conduct related to the Hello Day business, please submit a report (electronic or written) describing the situation to customerservices@hello-day.com for review.

REPORTING POLICY VIOLATIONS

If you observe a violation of Hello Day WBM Policies & Procedures by another Hello Day WBM, please submit a report (electronic or written) to Compliance@hello-day.com describing the circumstances, evidence and any other pertinent information. Your report to the Company will be held in the strictest confidence.

AMENDMENTS

The Company reserves the right to amend 1) the WBM Agreement, 2) the Compensation Plan, 3) WBM Policies & Procedures, 4) its prices, 5) product and service availability at any time without prior notice as it deems appropriate. Amendments will be communicated to WBM through official Company publications, websites, or voice or email. Amendments are effective and binding on all WBM as of the date of issuance (provided that the Company will give at least 60 days’ notice of any change to the WBM’s financial obligations). In the event of any conflict between the original documents and policies and any such amendment, the amendment will control.

INDEMNIFICATION/OFFSET

As a WBM, you indemnify and hold harmless Hello Day and its agents and assigns from and against any losses, damages, claims or liabilities and expenses (including legal costs) arising out of or in connection with your: (a) activities as a WBM including, without limitation, any unauthorized representations made by you; (b) breach of the terms of this Agreement; or (c) violation of or failure to comply with any applicable laws or regulations. Hello Day shall have the right to offset any amounts owed by you to Hello Day (including, without limitation, the repayment of commissions as a result of product returns) against the amount of any commissions or bonuses owed to you.

CUMULATIVE REMEDIES/WAIVER

All rights, powers and remedies given to Hello Day are cumulative, not exclusive and in addition to any and all other rights and remedies provided by law. No failure or delay of Hello Day to exercise any power or right under this Agreement or to insist upon strict compliance by you with any obligation or provision shall constitute a waiver of Hello Day’s right to demand exact compliance therewith. Waiver by Hello Day can be effective only in writing by an authorized officer or agent of Hello Day.

INJUNCTIVE RELIEF

Upon any breach of this Agreement by the WBM, Hello Day will be immediately and irreparably harmed and cannot be made whole solely by monetary damages. Because the remedy at law for any breach of any provision of this Agreement shall be inadequate, in addition to any other remedies in law or in equity that it may have, Hello Day shall be entitled, without the necessity of proving actual damages, to temporary and permanent injunctive relief to prevent the breach of any provision of this Agreement and/or to compel specific performance of this Agreement. In addition, Hello Day shall be entitled to its costs and expenses, including reasonable attorneys’ fees, in enforcing its rights under this Agreement.

WAIVER

We maintain our right to insist on compliance with this WBM Policies & Procedures or with the applicable laws governing the conduct of a business. In the event that we permit a variance of the rules, that permission does not extend to future variances. This provision deals with the concept of “waiver,” and the parties agree that we do not waive any of our rights under any circumstances.

JURISDICTION

All disputes and claims relating to Hello Day, the WBM Agreement, the Compensation Plan, the Company’s products, the rights and obligations of the WBM, or any other claims or cause use of action relating to the performance of either the WBM or Hello Day under the Agreement shall be adjudicated totally and finally in London or such other location as the Company prescribes. Unless the country in which you live requires the application of its laws and venue, this agreement is governed by the laws of the UK, without regard to principles of conflicts of laws.

PARTIAL VALIDITY

Should any portion of this WBM Policies & Procedures, the WBM Agreement or of any other instruments referred to herein or issued by Hello Day be declared invalid by a court of competent jurisdiction, the balance of such rules, applications or instruments shall remain in full force and effect.

LIMITATION OF DAMAGES

To the extent permitted by law, Hello Day and its affiliates, officers, directors, associates and other representatives shall not be liable for, and the WBM hereby releases the foregoing from, and waives any claim of loss of profit, incidental special, consequential, or exemplary damages which may arise out of any claim whatsoever relating to the Company’s performance, non-performance, act, or omission with respect to the business relationship or other matters between the WBM and the Company whether sounding in contract, tort or strict liability. Furthermore, it is agreed that any damage to the WBM shall not exceed, and is hereby expressly limited to the amount of unsold Hello Day products and services owned or held by the WBM and commissions, bonuses and overrides.

ENTIRE AGREEMENT

The WBM Terms & Conditions, Policies & Procedures and the Career & Compensation Plan, as amended from time to time, are incorporated into the WBM Agreement and together constitute the entire agreement of the parties regarding their business relationship.

CUSTOMER DATA

The WBM agrees that where, in the course of conducting a Hello Day distributorship, the WBM collects and/or processes the personal data of customers (“Customer Data”) then the WBM will process such Customer Data as a data processor on behalf of Hello Day as the data controller and will do so only for the purposes and only by the means set out in, and otherwise only in accordance with, these Policies & Procedures (which constitute the written instructions of Hello Day as the data controller) unless the WBM is required to process any Customer Data under applicable data protection laws.

The WBM may only process Customer Data which has been collected through approved Hello Day channels or materials (such as customer order forms) provided to the WBM. The WBM may only process Customer Data for the purposes of the development and conduct of the WBM’s Hello Day distributorship in accordance with the WBM Agreement including performing any contract with the relevant customer, in accordance with the privacy notice provided to the customer by the WBM in the form contained in official Hello Day materials.

The WBM will ensure that it has in place appropriate technical and organizational measures, reviewed and approved by Hello Day, to protect against the risk of unauthorized or unlawful processing of Customer Data and against the accidental loss or destruction of or damage to that personal data.

The WBM will notify Hello Day as soon as possible and in any event within 24 hours of becoming aware of any data breach involving Customer Data and will assist Hello Day in responding to any data breach, any request from a customer as a data subject including any exercise of a data subject’s rights, and in demonstrating compliance with applicable data protection laws. The WBM will maintain records of its processing activities in the form provided by Hello Day and will allow Hello Day to review those records on request.

The WBM may not transfer any Customer Data outside of the European Economic Area. The WBM may not appoint any third-party processor to process any Customer Data.

In addition to the provisions of this section of the Policies & Procedures, the scope, nature, purpose, and duration of the processing of any Customer Data by the WBM and the types of personal data processed by the WBM shall all be as set out in Hello Day’s own privacy policy published on its web site to the extent applicable to the personal data of customers processed by Hello Day, the terms of which shall form part of Hello Day’s written instructions to the WBM as a data processor.

On termination of the WBM Agreement the WBM will, at Hello Day’s written direction, delete any Customer Data unless required to retain it under applicable data protection laws.
In this section “applicable data protection laws” includes the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.

DATA PROCESSING NOTICE

This section is a Privacy Notice which summarizes the processing of the WBM’s personal data by Hello Day. It sets out how we collect and use your personal information, including in accordance with our responsibilities under the General Data Protection Regulation (“GDPR”), the enacted version of the Data Protection Bill 2017-19 and any other national implementing laws, regulations and secondary legislation, as amended or updated from time to time, applicable in the UK (“Data Protection Legislation”).

For the purpose of the Data Protection Legislation, we are the “data controller” of any personal information that we collect from you or that you provide to us about you. This means that we are responsible for deciding how we hold and use personal information about you. We are required under the Data Protection Legislation to provide you with the information contained in this Privacy Policy.

How is your Personal Data Collected?

Hello Day will collect certain of your personal data (which is information relating to you and from which you can be directly or indirectly identified) through approved Hello Day channels including the WBM application form, electronic communications and official Hello Day materials provided to you.

What Personal Data do we Collect?

Hello Day may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

• • Identity Data includes first name, middle names, maiden name, last name, username or similar identifier, marital status, title, date of birth, place of birth, country of citizenship, first language, and gender.
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Financial Data includes bank account and payment card details.
  • Transaction Data includes details about payments to and from you and other details of products you have purchased from us.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access Hello Day websites and other online services.
  • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
  • Usage Data includes information about how you use our website, products and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity.

How do we Use your Personal Data?

Hello Day may process your personal data for purposes necessary for the performance of our contracts with you, including this WBM Agreement, any contracts ancillary to this WBM Agreement, and any contracts for the supply of products or services, and to comply with our legal obligations. This includes processing the WBM’s details for the purposes of orders and general administration including eligibility and payments under the Career & Compensation Plan,

Hello Day may process your personal data for the purposes of its own legitimate interests provided that those interests do not override your own interests, rights and freedoms which require the protection of personal data. This includes processing for marketing, business creation, and development, statistical and management purposes for statistical and research purposes which will include analysis and tracking of transactions to enable Hello Day to serve you better. You have the right to object to the processing of your personal data where Hello Day is relying on a legitimate interest and either there is something about the particular situation which makes you wish to object to processing on that ground or the processing is for direct marketing purposes.

Hello Day may also from time to time process your personal data for certain additional purposes with your consent, but in those limited circumstances where your consent is required then such consent will be separately obtained from you at that time. You have the right to withdraw your consent to processing for any such additional purposes.

Hello Day may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.

Purposes for which we use your Personal Data

Where permitted by applicable laws, Hello Day may use your personal data for the following purposes:

• Processing your WBM application;
• Processing, fulfilling and notifying you of your product order status;
• Developing downline genealogy reports or other related business reports;
• Providing services to you such as planning and facilitating meetings and training;
• Managing Hello Day’s relationship with you as a WBM and administering WBM benefits;
• Developing and implementing policies, marketing plans, and strategies;
• Publishing personal information in Hello Day newsletters, promotional materials and company anli intra-group communications;
• Complying with applicable laws and regulatory requirements and assisting with any governmental oli police investigation; and
• Other purposes directly relating to any of the above.

Sharing your Personal Data

Hello Day may, for the stated purposes for which it uses your personal data, where permitted by applicable law, share your personal data with the following third parties:

• Those employees, directors and managers of Hello Day and its group companies who have a need to access your personal information in carrying out their responsibilities;
• Any agent, contractor, supplier, vendor, or third party who provides services to Hello Day;
• Sponsors and Upline business leaders who may need access to downline distributor personal information in order to monitor sales activity and business development in their personal sales groups; and
• Any government agency or other appropriate governmental, police, or regulatory authority in order to meet legal security and regulatory requirements.

If in the future there is a sale, merger, consolidation, change in control, or financing of Hello Day or investment in Hello Day, Hello Day may disclose any information including personal data to third parties as a result of or in preparation for that event. In this event we will take appropriate measures to ensure the continued security of your personal data. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

The WBM’s personal data will be processed within the EEA.

Data Security

Hello Day has put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. Hello Day has also put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Data Retention

Hello Day, will only retain your personal data for as long as is necessary to fulfil the purposes for which it is collected which retention period is determined by the nature and duration of your relationship with Hello Day. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances Hello Day may anonymize or pseudonymize the personal data so that it can no longer be associated with the WBM, in which case Hello Day may use such information without further notice to the WBM.

Your Legal Rights

Under certain circumstances, by law you have the right to:

• Request access to your personal information. This enables you to receive details of the personal information we hold about you and to check that we are processing it. lawfully
• Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
• Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
• Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
• Request the transfer of your personal information to another party.

If you want to exercise any of the above rights, please email: compliance@hello-day.com .

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Right to withdraw consent

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose (for example, in relation to any direct marketing which you have indicated you would like to receive from us), you have the right to withdraw your consent to the use of your information for that purpose at any time.

You can exercise this option at any time by contacting us at compliance@hello-day.com. Once we have received notice that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so.

If you have any questions regarding about our processing of your personal data or this this Privacy Policy, you can contact us at compliance@hello-day.com or by email: If you are not satisfied with our response or believe we are not lawfully processing your data you have the right to complain to the Information Commissioner’s Office at https://ico.org.uk/concerns/.