MTM STATEMENT OF POLICIES AND PROCEDURES
Table of Contents
SECTION 1 - INTRODUCTION...................................................................................................................................5
1.1 - Corporate Mission Statement....................................................................................................................................5
1.2 - MTM User Disclaimer ...............................................................................................................................................5
1.2.1 - MTM Does Not Provide Medical Advice ..................................................................................................5
1.3 - Health Coach Code of Conduct ................................................................................................................................5
SECTION 2 - OVERVIEW....................................................................... ...................................................................6
2.1 - Policies and Compensation Plan Incorporated into a Health Coach Agreement .....................................................6
2.2 - Purpose of Policies...................................................................................................................................................6
2.3 - Changes to the Agreement.......................................................................................................................................6
2.4 - Delays.......................................................................................................................................................................7
2.5 - Policies and Provisions are Separable ....................................................................................................................7
2.6 - Waiver......................................................................................................................................................................7
SECTION 3 - BECOMING A HEALTH COACH ........................................................................................................8
3.1 - Requirements to Become a Health Coach................................................................................................................8
3.1.1 - Health Coach Business System (HCBS): $149.50 Start Up and $14.95 / Month ...................................8
3.2 - New Health Coach Enrollment..................................................................................................................................8
3.2.1 - Business Entity Enrollment .....................................................................................................................8
3.3 - Health Coach Benefits .............................................................................................................................................9
3.4 - Renewal of Your MTM Business .............................................................................................................................9
SECTION 4 - OPERATING A MTM BUSINESS ......................................................................................................9
4.1 - Abiding to the MTM Marketing and Compensation Plan..........................................................................................9
4.1.1 - General...................................................................................................................................................9
4.1.2 - Product and Business Overview Presentations ...................................................................................10
4.2 - Advertising & Marketing.........................................................................................................................................10
4.2.1 - General.................................................................................................................................................10
4.2.2 - Health Coach Websites ........................................................................................................................11
4.2.3 - Profile Names, Domain Names, and Email Addresses ........................................................................13
4.2.4 - Trademarks and Copyrights..................................................................................................................13
4.2.5 - Media and Media Inquiries ...................................................................................................................13
4.2.6 - Spamming and Unsolicited Faxes .......................................................................................................14
4.3 - Client Buying is Prohibited ....................................................................................................................................15
4.4 - Business Entities ...................................................................................................................................................15
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4.5 - Changes to a MTM Business.................................................................................................................................15
4.5.1 - General.................................................................................................................................................16
4.5.2 - Addition of Co-Applicants......................................................................................................................16
4.5.3 - Change of Mentor .................................................................................................................................16
4.5.4 - Health Team Tree Placement Change .................................................................................................17
4.5.5 - Cancellation and Re-application of a MTM Business............................................................................17
4.6 - Unauthorized Claims and Actions ..........................................................................................................................17
4.6.1 - Indemnification ......................................................................................................................................17
4.6.2 - Income Claims & the MTM Income Disclosure Statement.....................................................................18
4.6.3 - Tax Incentive or Write-Off Claims .........................................................................................................18
4.6.4 - Misrepresentation of the MTM Opportunity ...........................................................................................18
4.7 - Commercial Outlets and Retail Sales Centers .......................................................................................................19
4.7.1 - Commercial Outlets ..............................................................................................................................19
4.7.2 - Trade Shows, Expositions and Other Sales Forums ............................................................................19
4.8 - Conflicts of Interest..................................................................................................................................................19
4.8.1 - Non-solicitation.......................................................................................................................................19
4.8.2 - Downlink Activity (Health Team Tree) Reports .....................................................................................20
4.9 - Other Services and Products. .................................................................................................................................21
4.10 - Cross-Mentoring....................................................................................................................................................21
4.11 - Errors or Questions to MTM Operations ...............................................................................................................21
4.12 - Governmental Approval or Endorsement..............................................................................................................21
4.13 - Holding Applications or Orders..............................................................................................................................22
4.14 - Identification .........................................................................................................................................................22
4.15 - Income Taxes .......................................................................................................................................................22
4.16 - Independent Contractor Status ............................................................................................................................22
4.17 - Insurance..............................................................................................................................................................22
4.17.1 - Business Insurance Coverage ...........................................................................................................22
4.18 - International Marketing ........................................................................................................................................23
4.19 - Adherence to Laws and Ordinances ...................................................................................................................23
4.19.1 - Local Ordinances ...............................................................................................................................23
4.19.2 - Compliance With Federal, State, Local Laws ....................................................................................23
4.20 - Minors ..................................................................................................................................................................23
4.21 - One MTM Business Per Individual Person or Health Coach ...............................................................................23
4.21.1 - Actions of Household Members or Affiliated Individuals.....................................................................24
4.22 - Requests for Records...........................................................................................................................................24
4.23 - Sale, Transfer or Assignment of a MTM Business ..............................................................................................24
4.24 - Separation of a MTM Business............................................................................................................................25
4.25 - Mentoring and Enrolling .......................................................................................................................................26
4.26 - Stacking................................................................................................................................................................26
4.27 - Succession ...........................................................................................................................................................26
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4.28 - Transfers ..............................................................................................................................................................27
4.28.1 - Transfer Upon Death of a Health Coach ............................................................................................27
4.28.2 - Transfer Upon Incapacitation of a Health Coach.................................................................................27
4.29 - Telemarketing Laws .............................................................................................................................................27
4.30 - Use of the MTM Communication System and MTM Office Solutions Products ...................................................28
4.31 - Prohibiting Against Excessive Charges ...............................................................................................................28
4.32 - Confidentiality.......................................................................................................................................................28
SECTION 5 - RESPONSIBILITIES OF HEALTH COACHES..................................................................................28
5.1 - Current Contact Information with Change of Address or Telephone ......................................................................28
5.2 - Non-derision............................................................................................................................................................29
5.2.1 - Harassment Zero-Tolerance Policy ......................................................................................................29
5.3 - Providing Documentation to Applicants ..................................................................................................................29
5.4 - Reporting Policy Violations .....................................................................................................................................30
5.5 - Business Conduct ..................................................................................................................................................30
5.6 - MTM Employee Gifts...............................................................................................................................................30
5.7 - MTM Social Network Policy.....................................................................................................................................30
5.7.1 - General Guidelines ................................................................................................................................31
5.7.2 - Social Media Guidelines When Posting as an Individual .......................................................................32
5.7.3 - Social Media Guidelines When Posting on Behalf of MTM ...................................................................33
SECTION 6 - SALES REQUIREMENTS .................................................................................................................34
6.1 - Product Sales .........................................................................................................................................................34
6.2 - No Territory Restrictions.........................................................................................................................................34
6.3 - Sales Receipts........................................................................................................................................................34
SECTION 7 - BONUSES AND COMMISSIONS .....................................................................................................35
7.1 - Bonus and Commission Qualifications...................................................................................................................35
7.2 - Adjustment to Bonuses and Commissions.............................................................................................................35
7.2.1 - Adjustments for Returned Products or Cancelled Services..................................................................35
7.3 - Unclaimed Commissions and Credits ...................................................................................................................35
7.4 - Online Health Team Activity Reports ....................................................................................................................35
SECTION 8 - PRODUCT GUARANTEES, RETURNS, REFUNDS, CANCELLATIONS ……………….................36
8.1 - Cancellations and Returns ....................................................................................................................................36
8.1.1 - Montana Residents ..............................................................................................................................36
8.1.2 - Alaska Residents .................................................................................................................................36
8.1.3 - Kentucky Residents .............................................................................................................................37
8.1.4 - New Hampshire Residents...................................................................................................................37
8.1.5 - Wisconsin Residents............................................................................................................................37
8.2 - Return of Sales Aids by Health Coaches...............................................................................................................37
8.2.1 - Procedures for Sales Aid Returns........................................................................................................37
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SECTION 9 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS ...................................................38
9.1 - Disciplinary Actions by MTM .................................................................................................................................38
9.2 - Grievances and Complaints ..................................................................................................................................38
9.3 - Health Team Resolution Board..............................................................................................................................38
9.4 - Arbitration ..............................................................................................................................................................39
9.5 - Governing Law, Jurisdiction and Venue.................................................................................................................40
9.5.1 - Louisiana Residents..............................................................................................................................40
SECTION 10 - ORDERING......................................................................................................................................40
10.1 - Purchasing MTM Products and Services ............................................................................................................40
10.2 - General Order Policies ........................................................................................................................................40
10.3 - Confirmation of Order ..........................................................................................................................................41
SECTION 11 - PAYMENT AND SHIPPING ...........................................................................................................41
11.1 - Insufficient Funds ................................................................................................................................................41
11.2 - Returned Checks.................................................................................................................................................41
11.3 - Restrictions on Third Party Use of Credit Cards and Checking Account Access ...............................................41
11.4 - Credit Card Charge Backs ..................................................................................................................................41
SECTION 12 - INACTIVITY AND CANCELLATION OF THE AGREEMENT ........................................................42
12.1 - Results of Cancellation of the Agreement ............................................................................................................42
12.2 - Cancellation of the Agreement Due to Inactivity ..................................................................................................42
12.2.1 - Insufficient Personal Volume to Maintain Active Requirements .........................................................42
12.2.2 - Reclassification Following Cancellation Due to Inactivity ...................................................................43
12.3 - Involuntary Cancellation of the Agreement...........................................................................................................43
12.4 - Voluntary Cancellation of the Agreement ............................................................................................................43
MTM DISCLAIMER ................................................................................................................................................43
Limitation of Liability.......................................................................................................................................................43
Disclaimer of Warranties................................................................................................................................................44
Arbitration.......................................................................................................................................................................44
Third Party Web Sites ...................................................................................................................................................44
Internet Privacy Statement.............................................................................................................................................44
How Do We Use Your Information.................................................................................................................................46
Security..........................................................................................................................................................................46
MTM DEFINITIONS ................................................................................................................................................47
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SECTION 1 – INTRODUCTION
1.1 - Corporate Mission Statement
Medical Treatments Management, Inc. referred to as "MTM" honors its' Mission "To provide alternative health
care travel options with an emphasis on wellness, that is consumer driven, compassionate and provided by
specialty physicians and health care professionals". Our goal is to create one of the largest and most respected
health network companies in the world. MTM's corporate leadership and technologies will create the ultimate
opportunity for our Health Coaches. As a team, we will become the largest Global Health Care Network in the
industry. Our people and clients are the foundation of our success. MTM helps you to help others, so they can
help you, earn commissions
1.2 - MTM User Disclaimer
1.2.1 MTM DOES NOT PROVIDE MEDICAL ADVICE
Information provided on the MTM Web site(s) is not a substitute for, nor does it replace, professional
medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from
a health-care professional because of information you may have read on the MTM Web site(s). Do not
use the site for emergency medical needs. The use of information provided on the MTM Web site(s) is
solely at your own risk. Information stated or posted on the site or available through any services on
the MTM Web site(s) is not intended to be, and must not be taken to be, the practice of medicine or the
provision of medical care. MTM does not recommend or endorse any specific diagnostic tests,
physicians, procedures, opinions, or other information that may appear on the web site. If you rely on
any of the information provided by the site, you do so at your own risk. We cannot guarantee the
availability of any Physician or Treatment Package at any particular time. We will not be held liable for
any cancelled or otherwise unused appointments or any injury or illness resulting there from
1.3 - Health Coach Code of Conduct
All Independent Health Coaches of MTM agree to abide by the following Code of Conduct:
1. I will be honest and fair in all my dealings as a MTM Health Coach.
2. I will perform my business in a manner that will ensure my reputation and the positive reputation established
by MTM.
3. I will be courteous and respectful of every person I contact in the course of my Independent Health Coach
activities including executives and employees of MTM.
4. I will fulfill my leadership responsibilities as a Health Coach Mentor including training, supporting and
communicating with the Health Coaches within my Health Team and all other Health Teams, Providers or
Partners.
5. I will not misrepresent MTM products, services or the Compensation Plan.
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6. I will not suggest or attempt to persuade any MTM Health Coach directly or indirectly into any other network
marketing program or engage in deceptive or illegal practices.
8. I understand and agree that I am solely responsible for all financial and or legal obligations I incur in
the
course of my business as a Health Coach and will discharge all debts and duties as required of a Health
Coach.
SECTION 2 – OVERVIEW
2.1 - Policies and Compensation Plan Incorporated into Health Coach Agreement
These Policies and Procedures, in their current form and as amended at the sole discretion of Medical
Treatments Management, Inc. hereafter “MTM” or the “Company”, are incorporated into, and form an integral
part of, the MTM Health Coach Agreement (the “Health Coach Agreement”). All MTM Health Team Policies,
when the term “Agreement” is used, it collectively refers to the Health Coach Application and Agreement, these
Policies and Procedures, the MTM Marketing and Compensation Plan, and the MTM Business Entity
Registration Form (if applicable). These documents are incorporated by reference into the Health Coach
Agreement. It is the responsibility of each Health Coach to read, understand, adhere to, and ensure that he or
she is aware of and operating under the most current version of these Policies and Procedures. When
Mentoring or enrolling a new Health Coach, it is the responsibility of the Mentoring Health Coach to provide the
most current version of these Policies and Procedures and the MTM Marketing and Compensation Plan to the
applicant prior to his or her signature or execution of the Health Coach Agreement.
2.2 - Purpose of Policies
MTM is a direct sales company that markets health-related products and services through independent Health
Coaches. It is important to understand that your success and the success of your fellow Health Coaches are
dependent upon the integrity of the men and women who market our products and services. To clearly define
the relationship that exists between Health Coaches and MTM, and to set a standard for acceptable business
conduct and practice, MTM has established the Agreement. MTM Health Coaches are required to comply with
all of the Terms and Conditions set forth in the Agreement, as well as all federal, state, provincial, territorial,
and local laws governing their MTM business and their conduct. Because you may be unfamiliar with many of
these standards of practice, it is very important that you read and abide by the Agreement. Please review the
information in this Statement of Policies and Procedures carefully. It explains and governs the relationship
between you, as an independent contractor and the Company. If you have any questions regarding any policy
or rule, do not hesitate to seek an answer from your Health Team Mentor or from MTM.
2.3 - Changes to the Agreement
Because federal, state, provincial, territorial and local laws, as well as the business environment, periodically
change, MTM reserves the right to amend the Agreement and its prices for products and services in its sole
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and absolute discretion. By accepting the Health Coach Agreement, a Health Coach agrees to abide by all
amendments or modifications that MTM elects to make. Amendments shall be effective upon notice to all
Health Coaches that the Agreement has been modified. Notification of amendments shall be published in
official MTM Materials. The Company shall provide or make available to all Health Coaches a complete copy
of the amended provisions by one or more of the following methods:
(1) posting on the Company’s official Health Team website;
(2) electronic mail (e-mail), chatter or chat box (text-mail), fax-on-demand, voice mail system broadcast;
(3) inclusion in Company periodicals, product orders or bonus checks; or special mailings.
The continuation of a Health Coach’s MTM business or a Health Coach’s acceptance of bonuses or
commissions constitutes acceptance of any and all amendments.
2.4 - Delays
MTM shall not be responsible for delays or failures in performance of its obligations, its partners obligations and
or its providers obligations when performance is made commercially impracticable due to circumstances
beyond its reasonable control. This includes, without limitation, weather, natural disasters, strikes, labor
difficulties, riot, war, fire, death, curtailment of a party’s source of supply, or government decrees internationally
or domestic.
2.5 - Policies and Provisions are Separable
If any part of the Agreement, in its current form or as may be amended in the future, is found to be invalid, or
unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining
terms and provisions shall remain in full force and effect and shall be construed as if such invalid, or
unenforceable provision never comprised a part of the Agreement.
2.6 - Waiver
The Company never gives up its right to insist on compliance with the Agreement and with the laws governing
the conduct of a business. No failure of MTM to exercise any right or power under the Agreement or to insist
upon strict compliance by a Health Coach with any obligation or provision of the Agreement, and no custom or
practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of MTM’s right to
demand exact compliance with the Agreement. Waiver by MTM can be affected only in writing by an
authorized officer of the Company. MTM’s waiver of any particular violation by a Health Coach shall not affect
or impair MTM’s rights with respect to any subsequent violation of this Agreement, nor shall it affect in any way
the rights or obligations of any other Health Coach. Nor shall any delay or omission by MTM to exercise any
right arising from a violation affect or impair MTM’s rights as to that or any subsequent violation. The existence
of any claim or cause of action of a Health Coach against MTM shall not constitute a defense to MTM’s
enforcement of any term or provision of the Agreement.
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SECTION 3 - BECOMING A HEALTH COACH
3.1 - Requirements to Become a Health Coach
To become a MTM Health Coach, each applicant must:
a) Be of legal age in his or her country and state of residence;
b) Reside in the United States or U.S. Territories or approved International Countries;
c) Have a valid Social Security or Federal Tax ID number or Government Issued Tax Identification;
d) Have a valid U.S. Bank Account or PayPal Account
e) Purchase a MTM Health Coach Business System (not applicable in North Dakota); and
f) Submit a properly completed Application and Health Coach Agreement to MTM or enroll as an
Independent Health Coach via your Enroller’s MTM internet website. The Company reserves the right
to reject any Health Coach Agreement for a new Health Coach Account and or Health Team.
3.1.1 - Health Coach Business System (HCBS): $149.95 Start Up and $14.95 / Month Thereafter
In order to familiarize new Health Coaches with MTM products, services, sales techniques, sales aids,
and other matters, the Company requires that Health Coaches purchase a Health Coach Business
System (“HCBS”) (Optional in North Dakota). Except for the purchase of the "at cost" HCBS, no
person is required to purchase MTM products, services or sales aids, or to pay any charge or fee to
become a Health Coach. The HCBS is an online access in the cloud connection to the MTM Web that
includes a Personalized Account, Website Page and a Virtual Office System as well as online
publishing tools, training programs and essential sales and marketing tools. The HCBS is to help
Health Coaches build their MTM business. The HCBS purchase price is $149.95 and then $14.95 per
month thereafter.
3.2 - New Health Coach Enrollment
MTM provides two convenient method for new Health Coaches to enroll. An applicant may:
a) mail the Health Coach Agreement and payment to MTM’s corporate offices; or
b) enroll online at the personal MTM webpage of his or her Enroller.
3.2.1 - Business Entity Enrollment
Business entities including corporations, limited liability companies, partnerships, sole proprietorships,
or trusts, may become a Health Coach of MTM, and a MTM business may be operated under an
assumed name. If a new MTM business will be owned or operated in a manner described, a Business
Entity Registration Packet (Health Coach Application Form, W-9, articles of organization / incorporation
within 30 (thirty) days of the date of the application. If any shareholder, partner, member or manager of
a Health Coach is itself an entity, then the information required for the Health Coach shall also be
required for such shareholder, partner, member or manager.
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3.3 - Health Coach Benefits
Once a Health Coach Agreement has been accepted by MTM, the benefits of the Marketing and Compensation
Plan and the Health Coach Agreement are available to the new Health Coach within 48 hours of enrollment.
These benefits include the right to:
a) Purchase MTM products and services at the Health Coach price;
b) Market and promote the sale of MTM products and services, and profit from these sales;
c) Participate in the MTM Marketing and Compensation Plan (receive bonuses and commissions, if eligible);
d) Enroll other individuals or entities as Health Coaches into the MTM business and thereby, build a Health
Team and progress through the MTM Marketing and Compensation Plan.
e) Receive periodic MTM communications;
f) Participate in MTM sponsored support, service, training, motivational and recognition functions, upon
payment of appropriate charges, if applicable; and
g) Participate in promotional and incentive contests and programs sponsored by MTM for its Health Coaches.
3.4 - Renewal of Your MTM Business
The term of the Health Coach Agreement is one (1) year from the date of its acceptance and is automatically
renewed by MTM from year to year as long as the Health Coach has not violated the Company’s Terms &
Conditions and / or Policies & Procedures and is current with their $14.95 monthly HCBS fee.
SECTION 4 - OPERATING A MTM BUSINESS
4.1 - Adherence to the MTM Marketing and Compensation Plan
4.1.1 - General
Health Coaches must adhere to the terms of the MTM Marketing and Compensation Plan as set forth
in the official MTM publications. Health Coaches shall not offer the MTM opportunity through, or in
combination with, any other system, program, or method of marketing other than that specifically set
forth in official MTM publications. Health Coaches shall not require or encourage other current or
prospective Clients or Health Coaches to participate in MTM in any manner that varies from the
program as set forth in official MTM publications or Health Coaches execute any agreement or contract
other than official MTM agreements and contracts in order to become a MTM Health Coach. Similarly,
Health Coaches shall not require or encourage other current or prospective Clients or Health Coaches
to make any purchase from, or payment to, any individual or other entity to participate in the MTM
Marketing and Compensation Plan other than those purchases or payments identified as
recommended or required in official MTM publications.
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4.1.2 - Product and Business Overview Presentations
All Health Coaches must exclusively use approved MTM Presentations at any time MTM Products or
the MTM Business Overview are shown. This includes, but is not limited to, Slide Presentations
(PowerPoint, Flash, or otherwise), Printed Flip Books, Binders, and DVDs. It is expressly prohibited for
any Health Coach to use presentations of his or her own design. Any proposed alterations to existing
presentations must be submitted to and approved by the Operations Department prior to usage.
4.2 - Advertising & Marketing
4.2.1 - General
All Health Coaches shall protect and promote the good reputation of MTM and its products. The
marketing and promotion of MTM, the MTM opportunity, the Marketing and Compensation Plan, and
MTM products and services shall be consistent with the public interest, and must avoid all
discourteous, deceptive, misleading, unethical or immoral conduct or practices. MTM prohibits any
Health Coach from enticing a prospect to join a particular sales team by showing copies of commission
checks or copies of any commission statement. A Health Coach may not fax, email, mail or display any
form of a copy of a commission check or statements to a prospective recruit. This is considered a
unlawful enticement and highly illegal in the eyes of the Company and the regulators. MTM has a strict
policy against making false and exaggerated income claims or misrepresenting its products or services
in any way shape or form. MTM’s Company approved advertising package prohibits any Sales Health
Coach from using the name MTM in advertising except where specifically outlined. To promote both
the products and services, and the unique opportunity MTM offers, Health Coaches must use the sales
aids and support materials produced by MTM. The justification behind this requirement is easy. MTM
has carefully designed its Products, Providers, Marketing and Compensation Plan to ensure that each
aspect of MTM is fair, truthful, honest, and complies with the legal requirements of federal, state and
provincial laws. Health Coaches must not produce their own publications, unless approved in writing or
by Account Email, by the Company prior to use. This includes, but is not limited to: advertisements,
sales aids and promotional materials, business cards, Internet web pages. merchandise and
accessories such as hats, tee-shirts or other promotional materials. Approved digital materials are
provided in your Health Coach Account in various advertising formats that can be incorporated in
your online and print advertising. A Health Coach can submit all requests for written sales aids,
promotional materials, advertisements, and other publications to the Company for approval. Unless a
Health Coach receives specific written approval from MTM to use a specific material, the request shall
be deemed denied.
MTM may monitor a Health Coach’s promotional activity whether on the Internet, in print or
through other means on an ongoing basis.
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4.2.2 - Health Coach Websites
If a Health Coach desires to utilize an Internet web site to promote his or her business, he or she may
do so through the Company’s replicated webpage program only. No Health Coach may independently
design a website that uses the names, logos, or product descriptions of MTM or otherwise promotes
(directly or indirectly) MTM products or the MTM opportunities. No Health Coach may use "blind" ads
on the Internet that make product or income claims which are ultimately associated with MTM products,
the MTM opportunity, or the MTM Marketing and Compensation Plan. The use of any other Internet
website or web page (including without limitation auction sites such as eBay) to in any way promote the
sale of MTM products, the MTM opportunity, or the Marketing and Compensation Plan is strictly
prohibited. Health Coaches may not advertise or promote their Health Coach business or MTM
business, products or marketing plan or use the MTM name in any electronic media or transmission,
including on the Internet via website or otherwise, without the prior written approval of MTM, which may
be withheld in its sole discretion. If written approval is given, Health Coaches must comply with the
guidelines set forth by MTM, including but not limited to the following;
(a) a Health Coach shall not make offers or solicitations in the notions of research, surveys or informal
communication, when the intent is to sell products or services or mentor Health Coaches;
(b) Health Coaches operating approved online websites, whether or not they collect personal
information from individual consumers, shall disclose to the consumer in a prominent place on the
website how the consumer information will be used;
(c) Health Coaches sharing personal information collected online shall provide individual consumers
with an opportunity to prohibit the distribution of such information, and if any consumer requests that
his or her personal information not be shared, a Health Coach shall immediately stop communicating
upon such request;
(d) A Health Coach must abide by all laws and regulations regarding electronic communications; (f)
Health Coach may not distribute content by use of distribution lists or to any person who has not given
specific permission to be included in such a process;
(e) A Health Coaches may not distribute content that is unlawful, harassing, libelous, slanderous,
abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or material which
could give rise to civil liability or otherwise violate any applicable local, state, national or international
law or regulation; and
(f) Health Coach may not, directly or indirectly, send bulk unsolicited emails to persons with whom he
or she have had no prior or existing personal or business relationship.
4.2.2.1 - Health Team Support Websites
Health Team Support Websites are “not” public they are designed to provide our Health Team
Directors with a means to promote special team events, recognition, training, etc. to their
Health Team members. Health Coaches who have achieved the Health Team Director (HTD)
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achievement level, or higher, may submit their proposed website to the Operations Department
for approval of all content at the sole discretion of MTM. Adherence to the rules governing the
Health Team support websites will be strictly enforced and MTM reserves the right to reject it if
the website is found unsuitable as detailed in this section 4.2.2. Health Coach Websites. All
changes to a Health Team Support Website requires the prior written approval from the
Operations Department. Team Support Website Guidelines:
a) The words “MTM Health Team” must appear in the header and Page Title.
b) Only the MTM name and company logos may be used.
c) All MTM support materials must be directly linked to those hosted by MTM to ensure any
corporate updates are affected immediately. Downloading these files and re-hosting them on
the Health Coach’s website is prohibited.
d) The site may not directly link to any individual Health Coach’s MTM web dot info websites.
Content changes must be submitted for approval to the Operations Department immediately;
however, these Team Support Websites may be randomly spot checked to ensure compliance.
If a Team Support Website is determined (in our sole discretion), at any time, to be unsuitable
or in violation of the Policies and Procedures, The Team Support Website must be taken down
immediately until corrective measures have been taken by the Health Coach and approved by
MTM.
4.2.2.2 - Public Websites - Social Networking, Forums, and Blogs
If a Health Coach has a public webpage or presence on any websites such as Twitter, Stumble
Upon, MySpace, Facebook, Dig It, Blogger, Word Press, Second Life, etc… they must adhere
to the following:
a) HTML and picture content in comments must be disabled or user settings changed to the
“Approve comments before posting MTM content” to ensure that the site does not serve as a
post for inappropriate content or spam;
b) Only MTM approved ads and types (available in each personalized Health Coach Account
under “Publishing Assets”) . The banner ads must be used “as is” with no alterations or
additional comments;
c) The site must follow all details within the Social Media Policy and Guidelines Section 5.7
4.2.2.3 - Personal Identity Website
A Health Coach may have a personal identity website (example - www.johnhealthcoach.com)
that is 100% generic it may include pictures of family, friends, yachts, cars, homes, vacations,
etc. The site may include the MTM approved banner ads (available in each personalized
Health Coach Account under “Publishing Assets”), but the banner, text or other ad(s) must be
used “as is” with no alterations or additional comments. The site must not make any reference
to MTM products, compensation plan, logos, trademarks, technology, strategic partners,
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employees, income claims, etc. All sites must be submitted to the Operations Department for
prior approval of all content. MTM will evaluate in good faith and will notify of acceptance or
rejection. MTM may reject the submission if determined (at our sole discretion) that the site is
unsuitable as detailed in Section 4.2.2, Health Coach Websites.
4.2.3 - Profile Names, Domain Names, and Email Addresses
Health Coaches may not use or attempt to register any of MTM’s trade names, trademarks, service
names, service marks, product names, the Company’s name, or any derivative thereof, for any Internet
domain name. Health Coaches may not incorporate or attempt to incorporate any of the Company’s
trade names, logo, trademarks, service names, service marks, product names, the Company’s name,
or any derivative thereof, into any electronic mail address. This also includes profile pages/names,
usernames, account information, for other internet identity accounts including, but not limited to:
LinkedIn, Twitter, Facebook, MySpace, Stumble, Friendster, Digg, YouTube, Viddler, Vimeo, etc.
Only Approved MTM Publications available in each personalized Health Coach Account under
“Publishing Assets”. Only these Official publications may be used in conjunction with the
published social media policy.
4.2.4 - Trademarks and Copyrights
All trade names, trademarks and service marks used by MTM are owned solely by MTM. MTM will not
allow the use of its trade names, trademarks, designs, or symbols by any person, including MTM
Health Coaches, without its prior, written permission. Health Coaches may not produce for sale or
distribution any recorded Company events, emails and speeches without written permission from MTM,
Health Coaches may not reproduce for sale or for personal use any recording of Company owned or
produced audio or video tape presentations. The name of MTM and other names as may be used by
MTM are proprietary trade names, trademarks and service marks of MTM. As such, these marks are
of great value to MTM and are supplied to Health Coaches for their use only in an expressly authorized
manner. Use of MTM name on any item not produced by the Company is prohibited except as follows:
Health Coach's Name, Independent MTM Health Coach, All Health Coaches may list themselves as
an “Independent MTM Health Coach” in the white or yellow pages of the telephone directory under
their own name. No Health Coach may place telephone directory display ads using MTM’s name or
logo or programs or products. Health Coaches may not answer the telephone by saying “MTM”, “MTM
Incorporated”, or in any other manner that would lead the caller to believe that he or she has reached a
corporate office of MTM.
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4.2.5 - Media and Media Inquiries
Health Coaches must not attempt to respond to media inquiries regarding MTM, its products or
services, or their independent MTM business. All inquiries by any type of media must be immediately
referred to MTM’s Operations Department. This policy is designed to assure that accurate and
consistent information is provided to the public as well as a proper public image of the Company.
Health Coaches are strictly prohibited from representing MTM in any public media arena, and from
using uncompensated media forms including, but not limited to, news releases, articles, editorials,
unpaid advertising, infomercials, advertorials, television, cable or radio program appearances to
promote or publicize MTM or its products, except as approved in writing by MTM. Such requests must
be submitted by Account Email to MTM’s Operations Department at least 20 (twenty) days in advance
of the media activity. This policy is necessary to ensure an accurate, legal and consistent public image
for MTM and its Health Coaches.
4.2.6 - Spamming and Unsolicited Faxes
Except as provided in this section, Health Coaches may not use or transmit unsolicited faxes, mass email distribution, unsolicited e-mail, or “spamming” relative to the operation of their MTM business. The
terms "unsolicited faxes" and “unsolicited e-mail” mean the transmission via telephone facsimile or
electronic mail, respectively, of any material or advertising or promoting MTM, its products, its
compensation plan or any other aspect of the Company which is transmitted to any person. These
terms are considered solicited and can include a fax or e-mail:
(a) to any person with that person's prior express invitation or permission; or
(b) to any person with whom the Health Coach has an established business or personal relationship.
The term "established business or personal relationship" means a prior or existing relationship formed
by a voluntary two way communication between a Health Coach and a person, on the basis of:
(a) an inquiry, application, purchase or transaction by the person regarding products offered by such
Health Coach; or
(b) a personal or familial relationship, which relationship has not been previously terminated by either
party. In addition, it is prohibited for anyone to send, directly or indirectly, any lead generation,
marketing or advertising e-mail to any person or entity that references MTM or its websites, products or
services without the recipient’s prior consent. Only after a prospective Client or Health Coach has
requested specific information or has consented to receiving more information about MTM will anyone
be allowed to reference MTM or its websites, products or services in an e-mail, and then only to the
extent of satisfying the prospective Client's or End Consumer’s or Health Coach’s specific request.
Current and future complaints reported to MTM will be handled as follows:
1. Any SPAM complaint reported to MTM by an Internet Hosting service must be investigated and
resolved, and the results reported to the Internet Hosting service in question, within 5 business days.
2. If a Health Coach cannot prove/show evidence that the SPAM complaint/e-mail is not valid, his or
her MTM Health Coach Agreement will be terminated. Note: if a complaint is generated, the Health
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Coach in question will have the burden of proof to show that the complaint is not valid (not MTM).
Health Coaches should keep a log of all messages sent and received (opt-in/out). They may need this
information trail if a complaint is received, to avoid termination.
4.3 - Client Buying is Prohibited
Bonus buying is strictly and absolutely prohibited. “Bonus buying” includes:
(a) The enrollment of individuals or entities as Health Coaches or Clients without the knowledge of and or
execution of an Health Coach Agreement or Client agreement by such individuals or entities;
(b) The fraudulent enrollment of an individual or entity as a Health Coach or Client;
(c) the enrollment or attempted enrollment of nonexistent individuals or entities as Health Coaches or Clients
(“ghosts”);
(d) The use of a credit card by or on behalf of a Health Coach or Client when the Health Coach or Client is not
the account holder of such credit card;
(e) Purchasing MTM merchandise or services on behalf of another Health Coach or Client, or under another
Health Coach’s or Client’s I.D. number, to qualify for commissions or bonuses
4.4 - Business Entities
A corporation, limited liability company (“LLC”), partnership or trust (are referred to in this section as a
“Business Entity”) may apply to be a MTM Health Coach by submitting its Certificate of Incorporation or
Formation, Partnership Agreement or trust documents (these documents are referred to as the “Entity
Documents”) to MTM, along with a properly completed Business Entity Registration Form. If a Health Coach
enrolls online, the Entity Documents and Business Entity Registration Form must be submitted to MTM within
30 (thirty) days of the online enrollment (If not received within the 30 (thirty) day period, the Health Coach
Agreement shall automatically terminate). A MTM business may change its status under the same mentor from
an individual to a partnership, LLC, corporation or trust, or from one type of entity to another. There is a $30.00
fee for each change requested, which must be included with the written request and the completed Health
Coach Agreement. The Business Entity Registration Form must be signed by all of the shareholders, partners
or trustees. Owners of the entity are jointly and severally liable for any indebtedness or other obligation to MTM
4.5 - Changes to a MTM Business
4.5.1 - General
Each Health Coach must immediately notify MTM of all changes to the information contained on his or
her Health Coach Application and Agreement. Health Coaches may modify their existing Health Coach
Agreement (i.e., change Social Security number to Federal I.D. number, or change the form of
ownership from an individual proprietorship to a business entity owned by the Health Coach) by
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submitting a written request, a properly executed Health Coach Application and Agreement, and
correct supporting documentation.
4.5.2 - Addition of Co-Applicants
When adding a co-applicant (either an individual or a business entity) to an existing MTM business, the
Company requires both a written request as well as a properly completed Health Coach Application
and Agreement containing the applicant and co-applicant’s Social Security Numbers and signatures.
To prevent the transfer requirements of Section 4.24 (regarding transfers and assignments of MTM
business), the first applicant must remain as a party to the original Health Coach Application and
Agreement. If that Health Coach wants to terminate his or her relationship with the Company, he or
she must transfer or assign his or her business in accordance with Section 4.24. If this process is not
followed, the business shall be canceled upon the withdrawal of the original Health Coach. All bonus
and commission checks will be sent to the address of record of the original Health Coach. The
modifications permitted within the scope of this paragraph do not include a change of mentorship.
Changes of mentorship are addressed in Section 4.5.3. There is a thirty dollar ($30.00) fee for each
change requested, which must be included with the written request and the completed Health Coach
Agreement. MTM may, at its discretion, require notarized documents before implementing any
changes to a MTM business. Please allow twenty (20) business days after the receipt of the request
by MTM for processing.
4.5.3 - Change of Mentor
To protect the integrity of the MTM Health Team and safeguard the hard work of all Health Coaches,
MTM strongly discourages changes in mentorship. Maintaining the integrity of mentorship is critical for
the success of every Health Coach and each Health Team. The transfer of a MTM business from one
mentor to another is rarely permitted. Requests for change of mentorship must be submitted by
Account Email to the Operations Department, and must include the reason for the transfer. Transfers
will only be considered in the following two (2) circumstances:
a) In cases involving fraudulent inducement or unethical Mentoring, a Health Coach may request that
he or she be transferred to another organization with his or her entire Health Team intact. All requests
for transfer alleging fraudulent enrollment practices shall be evaluated on a case by case basis.
b) The Health Coach seeking to transfer submits a properly completed and signed Mentorship Transfer
Form which includes the written approval of his or her immediate Health Coaches including all parties
whose income will be affected by the transfer. Photocopied or facsimile signatures are not acceptable
and all Health Coach signatures must be notarized. The Health Coach who requests the transfer must
submit a $50.00 fee for administrative charges and data processing. If the transferring Health Coach
also wants to move any of the Health Coaches in his or her Health Team, each downlink Health Coach
must also obtain a properly completed Mentorship Transfer Form and return it to MTM Operations with
the $75.00 change fee (the transferring Health Coach and each Health Coach in his or her Health
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Team multiplied by $75.00 is the cost to move a MTM business.) Downlink Health Coaches will not be
moved with the transferring Health Coach unless all of the requirements of this paragraph are met.
Transferring Health Coaches must allow thirty (20) business days after the receipt of the Mentorship
Transfer Forms by the MTM Operations Department for processing and verifying change requests.
4.5.4 - Health Team Tree Placement Change
MTM reserves the right to change the placement of any Health Coach put into the system based on
either enroller input error or computer system input error, for 72 hours or three (3) business days) after
initial input. If requested within 48 (forty-eight) hours, the error will be corrected and there will be no
charge for the change. MTM reserves the right to make these changes for up to one (1) week after
input. However, after 72 hours (3 business days) the request to change may not be granted. If
granted, there will be a $30 charge to the Enroller which must be paid prior to the change being made.
4.5.5 - Cancellation and Re-application of a MTM Business
A Health Coach may legitimately change Health Teams by voluntarily canceling his or her MTM
business and remaining inactive (i.e., no purchases of MTM products for resale, no sales of MTM
products or services, no Mentoring, no attendance at any MTM functions, participation in any other
form of Health Coach activity, or operation of any other MTM business) for six (6) full calendar months.
Following the six (6) month period of inactivity, the former Health Coach may reapply under a new
mentor. MTM will consider waiving the six month waiting period under extraordinary circumstances.
Such requests for waiver must be submitted to MTM Operations by Account Email.
4.6 - Unauthorized Claims and Actions
4.6.1 - Indemnification
A Health Coach is fully responsible for all of his or her verbal and written statements made regarding
MTM products, services, and the Marketing and Compensation Plan which are not expressly contained
in official MTM materials. Health Coaches agree to indemnify MTM and MTM’s directors, officers,
employees, partners, providers and agents, and hold them harmless from any and all liability including
judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by MTM as a
result of:
(a) the Health Coach’s unauthorized representations or actions or other breach(s) of this Agreement,
(b) Actions as a Health Coach, and
(c) Violations or the failure to comply with an applicable federal, state or local law or regulation.
This indemnification shall survive the termination of the Health Coach Agreement.
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4.6.2 - Income Claims & the MTM Income Disclosure Statement
When presenting or discussing this MTM Opportunity, or Marketing and Compensation Plan to
prospective Health Coaches, no matter the setting, the MTM Independent Health Coach MUST use the
current MTM Income Disclosure Statement, as provided on the Health Coach’s Web Page and virtual
office. Every prospect must be issued their own copy of the Income Disclosure Statement for review
prior to discussing the Opportunity. Discussing specific examples of Independent Health Coaches’
earnings can be considered enticement by the Federal Trade Commission because, if not done
properly, it can create unrealistic expectations or misrepresent someone’s chances of being
successful. In order to assist Health Coaches in presenting the information accurately and honestly,
MTM has created a Income Disclosure Statement with "Usage Requirements" which can be found in
your virtual office and are an extension of this policy. In addition to the Income Disclosure Statement,
theoretical income examples that are used to explain the operation of the Marketing and Compensation
Plan, and which are based solely on mathematical projections, may be made to prospective Health
Coaches, so long as the Health Coach who uses such theoretical examples make clear to the
prospective Health Coach(s) that such earnings are theoretical and the Health Coach provides the
prospect with a copy of the most current income disclosure chart prepared by the Company.
4.6.3 - Tax Incentive or Write-Off Claims
Although owning and operating a home-based business can provide the opportunity for Health
Coaches to take legitimate deductions for their business on their income tax return, there are
numerous laws regarding the allowable deductions for a business or individual. MTM Health Coaches
must not make any tax write-off or potential tax savings claims related to MTM or an MTM business,
but may encourage a prospect or MTM Health Coach to seek the advice of a professional tax advisor
regarding any allowable deductions or benefits of the products.
4.6.4 - Misrepresentation of the MTM Opportunity or Products
MTM Health Coaches are independent contractors and not employees, partners, legal Health
Coaches, or franchisees of MTM. Any marketing and recruiting efforts surrounding the Independent
Health Coach Opportunity offered by MTM (including, but not limited to flyers, letters, emails, and ad
postings) must not in any way assert or imply that the position is a “job,” that the Health Coach is an
“employee,” or that the Health Coach will receive “salary” or “wages.” The position of Independent
Health Coach shall not be construed as creating a relationship of employee-employer, agency,
partnership or joint venture between any partner, participant, mentor, provider, affiliate and MTM.
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4.7 - Commercial Outlets and Retail Sales Centers
4.7.1 – Commercial Outlets
MTM strongly encourages the retailing and selling of its products and services through person to
person contact and social media. In an effort to reinforce this method of marketing and to help provide
a standard of fairness for its Health Coach base, Health Coaches may not display or sell MTM
products, services, or publications in any retail or service establishment without specific prior approval
from MTM’s Operations Department and Corporate offices.
4.7.2 – Trade Shows, Expositions and Other Sales Forums
Health Coaches may display and or sell MTM products and services at trade shows and professional
expositions. Before submitting a deposit to the event promoter, Health Coaches must contact the
Operations Department by Account Email for conditional approval, as MTM’s policy is to authorize only
one (1) MTM business per event. Final approval will be granted to the first Health Coach who submits
an official advertisement of the event, a copy of the contract signed by both the Health Coach and the
event official, and a receipt indicating that a deposit for the booth has been paid. Approval is given
only for the event specified. Any requests to participate in future events must again be submitted to the
Health Coach Services Department. MTM further reserves the right to refuse authorization to
participate at any function which it does not deem a suitable forum for the promotion of its products,
services, or the MTM opportunity. Approval will not be given for swap meets, garage sales, flea
markets or farmer’s markets as these events are not conducive to the professional image MTM wishes
to portray. Any promotional material intended for distribution at such events must be official
publications or submitted for review and approved by Account Email to the Operations Department
prior to the event. No text may be changed following approval without the material being resubmitted
for review. MTM may engage the services of “unidentified shoppers” to attend such events to monitor
compliance to the MTM Policies and Procedures.
4.8 - Conflicts of Interest
4.8.1 - Non-solicitation
MTM Health Coaches are free to participate in other multilevel or network marketing business ventures
or marketing opportunities (collectively “network marketing”). However, during the term of this
Agreement and a period of one year following termination, Health Coaches may not recruit other MTM
Health Coaches for any other network marketing business, other than those they personally enrolled
into MTM. The term “recruit” means actual or attempted solicitation, enrollment, encouragement, or
effort to influence in any other way, either directly or through a third party, another MTM Health Coach
to enroll in another multilevel marketing, network marketing or direct sales opportunity. This conduct
constitutes recruiting even if the Health Coach’s actions are in response to an inquiry made by another
Health Coach. Health Coaches must not sell, or attempt to sell, any competing non-MTM products or
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services to MTM’s Clients or Health Coaches. Any product or services in the same generic category
as a MTM product or service is deemed to be competing (e.g., any health or global health care
membership product or service is in the same generic category as MTM’s Global Health Care
Treatment Packages (GHCTP), Global Health Care Memberships (GHCM), MTM Solutions (MTMS),
Partner Products (PP)or Membership tools and training, is therefore a competing service, regardless
of differences in cost or benefits). Health Coaches may not display MTM products or services with any
other products or services in a fashion that might in any way confuse or mislead a prospective Client or
Health Coach into believing there is a relationship between MTM and non-MTM products or services.
Health Coaches may not offer this MTM opportunity, products or services to prospective or existing
Clients or Health Coaches in conjunction with any non-MTM program, opportunity, product or service.
Health Coaches may not offer any non-MTM opportunity, products or services at any MTM-related
meeting, seminar or convention, or immediately following such time of the event.
4.8.2 - Downlink Activity (Health Team Tree) Reports
Downlink Activity Reports are available for Health Coach access and viewing in their MTM’s official
website and Health Coach account. Health Coach access to his or her Downlink Activity Reports is
password protected within their virtual office. All Downlink Activity Reports and the information
contained therein are confidential and constitute proprietary information and business trade secrets
belonging to MTM. Downlink Activity Reports are provided to Health Coaches in strictest confidence
and are made available to Health Coaches for the sole purpose of assisting Health Coaches in working
with their respective Downlink Health Teams in the development of their MTM business. Health
Coaches should use their Downlink Activity Reports to assist, motivate, and train their downlink Health
Coaches. The Health Coach and MTM agree that, but for this agreement of confidentiality and
nondisclosure, MTM would not provide Downlink Activity Reports to the Health Coach. A Health Coach
shall not, on his or her own behalf, or on behalf of any other person, partnership, association,
corporation or other entity:
a) Directly or indirectly disclose any information contained in any Downlink Activity Report to any
individual, partnership, association, corporation, or other entity;
b) Directly or indirectly disclose, to any individual, partnership, association, corporation, or other entity,
the password or other access code to his or her Downlink Activity Report;
c) Use the information contained in any Downlink Activity Report to compete with MTM or for any
purpose other than promoting or supporting his or her MTM business; or
d) Recruit or solicit any Health Coach or Client listed on any Downlink Activity Report or in any manner
attempt to influence or induce any Health Coach or Client, to alter his or her business relationship with
MTM. Upon demand by the Company, any current or former Health Coach will return the original and
all copies of Downlink Activity Reports to the Company.
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4.9 - Other Services and Products.
MTM Health Coaches are not restricted from selling the services and Products of other companies. However,
direct or indirect promotion of those product and services to MTM Health Coaches is limited to those personally
mentored by the Health Coach.
4.10 - Cross Mentoring
Actual or attempted cross Mentoring is strictly prohibited. “Cross Mentoring” is defined as the enrollment of an
individual who or entity that already has a current Client or Health Coach Agreement on file or in the data base
of MTM, or who has had such an agreement within the preceding six (6) calendar months, within a different line
of mentorship. The use of a spouse’s or relative’s name, trade names, DBAs, assumed names, corporations,
partnerships, trusts, federal ID numbers, or fictitious ID numbers, any ghost-man or other fictitious entity to
circumvent this policy is prohibited. Health Coaches shall not demean, discredit or defame other MTM Health
Coaches in any attempt to entice another Health Coach to become part of the first Health Coach’s Health
Team. This policy shall not prohibit the transfer of a MTM business in accordance with Section 4.23. If Cross
Mentoring is determined or suspect, it must be brought to the attention of the Operations Department
immediately. MTM may take disciplinary action against the Health Coach that changed Health Teams and or
those Health Coaches who encouraged or participated in the Cross Mentoring. MTM may also move all or
part of the offending Health Coach’s Downlink to his or her original Downlink Health Team if the Company
deems it equitable and feasible to do so on its sole discretion. However, MTM is under no obligation to move
the Cross Mentored Health Coach’s Downlink Health Team, and the ultimate disposition of the Health Team
remains within the sole discretion of MTM. Health Coaches waive all claims and causes of action against MTM
coming from or relating to the disposition of a Cross Mentored Health Coach’s Downlink of a individual Health
Team.
4.11 - Errors or Questions to MTM Operations
If a Health Coach has questions about or believes any errors have been made regarding commissions,
bonuses, Downlink Activity Reports, or charges, the Health Coach must notify MTM by Account Email within 60
(sixty) days of the date of the purported error or incident in question. MTM will not be responsible for any
errors, omissions or problems not reported to the Company within 45 (forty-five) days.
4.12 - Governmental Approval or Endorsement
Neither federal nor state regulatory agencies nor officials approve or endorse any direct selling or network
marketing companies or programs. Therefore, Health Coaches shall not represent or imply that MTM or its
Marketing and Compensation Plan have been "approved," "endorsed" or otherwise sanctioned by any
government agency.
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4.13 - Holding Applications or Orders
Health Coaches must not manipulate enrollments of new Health Coaches or Clients. All Health Coach
Agreements, and Client agreements must be sent to MTM or entered into the computer within seventy–two (72)
hours from the time they are signed by a Health Coach or placed by a Client, respectively.
4.14 - Identification
All Health Coaches are required to provide their Social Security Number, Social Insurance Number, or a
Federal Employer Identification Number to MTM on the Health Coach Application and Agreement. Upon
enrollment, the Company will provide a unique Health Coach Identification Number to the Health Coach by
which he or she will be identified. This number will be used to place orders, and track commissions and
bonuses.
4.15 - Income Taxes
Each Health Coach is responsible for paying local, state and or provincial, and or federal taxes on any income
generated as an Independent Health Coach. If a MTM business is tax exempt, the Federal tax identification
number must be provided to MTM. Every year, MTM will provide an IRS Form 1099 MISC (Nonemployee
Compensation) earnings statement to the IRS and the Health Coach.
4.16 - Independent Contractor Status
Health Coaches are independent contractors, and are not purchasers of a franchise or a business opportunity.
The agreement between MTM and its Health Coaches does not create an employer/employee relationship,
partnership, or joint venture between the Company and the Health Coach. A Health Coach shall not be treated
as an employee for his or her services or for Federal or State tax purposes. All Health Coaches are
responsible for paying local, state, and federal taxes due from all compensation earned as a Health Coach of
the Company. The Health Coach has no authority (expressed or implied), to bind the Company to any
obligation. Each Health Coach shall establish his or her own goals, hours, and methods of sale, so long as he
or she complies with the terms of the Health Coach Agreement, these Policies and Procedures, and applicable
laws.
4.17 - Insurance
4.17.1 - Business Insurance Coverage
You may wish to arrange insurance coverage for your business. Contact your insurance agent to
make certain that your business property is protected. This can often be accomplished with a simple
“Business Pursuit” endorsement attached to your present home owner’s policy.
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4.18 - International Marketing
Because of legal and tax considerations, MTM can limit the sale of MTM products and services, and the
presentation of the MTM business to prospective Clients and Health Coaches located outside the United States
and U.S. Territories. Besides, allowing a few Health Coaches to conduct business in markets not yet opened
by MTM would violate the concept of affording every Health Coach the equal opportunity to expand
internationally. Accordingly, Health Coaches are authorized to sell MTM products and services, and enroll
Clients and Health Coaches only in the countries in which MTM is authorized to conduct business, as
announced in official Company publications. MTM products or sales aids cannot be shipped into or sold in any
foreign country. Health Coaches may sell, give, transfer, or distribute MTM products or sales aids only in their
home country. In addition, no Health Coach may, in any unauthorized country:
(a) Conduct sales, enrollment or training meetings;
(b) Enroll or attempt to enroll potential Clients or Health Coaches; or
(c) Conduct any other activity for the purpose of selling MTM products, establishing a Health Team, or
promoting the MTM opportunity.
4.19 - Adherence to Laws and Ordinances
4.19.1 - Local Ordinances
Many cities and counties have laws regulating certain home-based businesses. In most cases these
ordinances are not applicable to Health Coaches because of the nature of their business. However,
Health Coaches must obey those laws that do apply to them.
4.19.2 - Compliance With Federal, State, Local Laws
Health Coaches shall comply with all federal, state, and local laws and regulations in
the conduct of their businesses.
4.20 - Minors
A person who is recognized as a minor in his or her state or country of residence may not be a MTM Health
Coach. Health Coaches shall not enroll or recruit minors into the MTM program.
4.21 - One MTM Business Per Individual Person or Health Coach
Health Coaches may operate or have an ownership interest, legal or equitable, as a sole proprietorship,
partner, shareholder, trustee, or beneficiary, in only one (1) MTM Health Team, per Tax ID number. If an
individual has a Social Security number and also owns a corporation limited liability company or partnership
and has the appropriate government issued Tax Identification Documents to go along with it then he or she
may operate two (2) or more separate MTM Health Teams as long as the following formulas apply. The
multiple Health Teams owned and or controlled by an individual must be directly enrolled by the primary Health
Team. This will insure that all Health Teams will have a common uplink. If a husband and wife choose to
operate their respective businesses separately for the purposes of attaining their own credentials or for use,
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they may operate separately under their own Social Security number or Tax ID number, but one spouse must
be enrolled by the other. In a partnership, each partner can have a Health Team in his or her own name and
tax ID number and share the proceeds equally with their partner(s). In the case of partners sharing the
proceeds of more than one (1) Health Team, all Health Teams must have a common Uplink. The first Partner
in the duo structure must be the direct enroller of the second partner. In the event of more than two (2)
partners, all the partners involved must have been enrolled by another one of the other partners, with the
exception of the “top position or partner” in the duo structure. In the event a Health Coaches wishes to be
granted an exceptions or exclusion from the above policy, he or she must submit a request to the Company by
Account Email which must then be approved by the Company.
4.21.1 - Actions of Household Members or Affiliated Individuals
If any member of a Health Coach’s Immediate Household engages in any activity which, if performed
by the Health Coach, would violate any provision of the Agreement, such activity will be deemed a
violation by the Health Coach and MTM may take disciplinary action pursuant to the Statement of
Policies against the Health Coach. Additionally, if any individual associated in any way with a
corporation, partnership, trust, limited liability company or any other entity violates the Agreement, such
action(s) will be deemed a violation by the entity, and MTM may take disciplinary action against the
entity and or the affiliated individual.
4.22 - Requests for Records
Any request from a Health Coach for printed copies of invoices, applications, Downlink Activity Reports, or
other records will require a fee of $2.00 per page per copy. This fee covers the expense of mailing and time
required to research files and make copies of the records.
4.23 - Sale, Transfer or Assignment of MTM Business
Although a MTM business is a privately owned, independently operated business, the sale, transfer or
assignment of a MTM business is subject to certain limitations. If a Health Coach wishes to sell his or her MTM
business, the following criteria must be met:
a) Protection of the existing line of mentorship must always be maintained so that the MTM business continues
to be operated in that line of mentorship.
b) If the buyer is an active MTM Health Coach, he or she must first terminate his or her MTM business and wait
a period of six (6) months before the transfer, assignment, or acquisition of any interest in the new MTM
business will be accepted and processed.
c) Before the sale, transfer or assignment can be finalized and approved by MTM, any debt obligations the
selling Health Coach has with MTM must be satisfied.
d) The selling Health Coach must be in good standing and not in violation of any of the terms of the Agreement
in order to be eligible to sell, transfer or assign a MTM business. Prior to selling a MTM business, the selling
Health Coach must notify MTM of his or her intent to sell the MTM business. Upon complete execution of the
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purchase and sale agreement, the parties must submit a MTM Sale & Transfer Form to MTM for review. MTM
reserves the right to request additional documentation that may be necessary to analyze the transaction
between the buyer and seller. MTM will, in its sole and absolute discretion, approve or deny the sale, transfer
or assignment within thirty (30) days after its receipt of all necessary documents from the parties. If the parties
fail to obtain MTM’s approval for the transaction, no transfer shall occur. The purchaser of the existing MTM
business will assume the obligations and position of the selling Health Coach. A Health Coach who sells his or
her MTM business shall not be eligible to re-apply as a MTM Health Coach for a period of at least six (6) full
calendar months after the date of the sale. Purchaser agrees to become a MTM Health Coach and to be
bound by all terms and conditions as well as this Agreement. All sales volume and any sales Health Coaches
shall transfer with said position. The selling Health Coach must submit any materials or credentials issued to
the selling Health Coach. Sales and transfers only apply to MTM Businesses which includes the Health Coach
Agreement, Health Coach Business System (HCBS), and the Health Team in the MTM Health Team Tree.
MTM Products, Global Health Care Treatment Packages (GHCTP), Global Health Care Memberships (GHCM),
Partner Products (PP), are not transferable and the buyer must make a separate purchase of the product(s)
from the Health Coach who enrolled of the Seller. No changes in line of mentorship can result from the sale or
transfer of a MTM business.
4.24 - Separation of a MTM Business
MTM Health Coaches sometimes operate their MTM businesses as husband-wife partnerships, regular
partnerships, corporations, or trusts. At such time as a marriage may end in divorce or a corporation,
partnership, limited liability company, or trust (the latter three entities are collectively referred to herein as
“entities”) may dissolve, arrangements must be made to assure that any separation or division of the business
is accomplished so as not to adversely affect the interests and income of other businesses up or down the line
of mentorship. During the pendency of a divorce or entity dissolution, the parties must adopt one of the
following methods of operation:
a) One of the parties may, with consent of the other(s), operate the MTM business pursuant to an assignment
in writing whereby the relinquishing spouse, shareholders, members, partners or trustees authorize MTM to
deal directly and solely with the other spouse or non-relinquishing shareholder, partner or trustee.
b) The parties may continue to operate the MTM business jointly on a “business-as-usual” basis, whereupon all
compensation paid by MTM will be paid in the joint names of the Health Coaches or in the name of the entity to
be divided as the parties may independently agree between themselves.
c) If the parties cannot mutually agree on how the business shall be allocated during the pendency of a divorce
or dissolution, the Company shall treat the business according to the status quo as existed prior to the filing of
the divorce or dissolution. In the event of divorce, World Ventures will assign the business per the direction of
the court.
Under no circumstances will the Downlink Health Team of divorcing spouses or a dissolving business entity be
divided. Similarly, under no circumstances will MTM split commission and bonus checks between divorcing
spouses or members of dissolving entities. MTM will recognize only one (1) Downlink Health Team and will
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issue only one (1) commission check per MTM business per commission succession . Commission checks
shall always be issued to the same individual or entity. In the event that parties to a divorce or dissolution
proceeding are unable to resolve a dispute over the disposition of commissions and ownership of the business,
the Health Coach Agreement shall be involuntarily canceled. If a former spouse or a former entity affiliate
Health Coach has completely relinquished all rights in his or her original MTM business, they are thereafter free
to enroll under any Mentor of their choosing, so long as they meet the waiting period requirements set forth in
Section 4.5.3. In such case, however, the former spouse or entity shall have no rights to any Health Coaches
in his or her former Health Team or to any former client. They must develop the new business in the same
manner as would any other new Health Coach.
4.25 - Mentoring and Enrolling
All Active Health Coaches in good standing have the right to mentor and enroll others into MTM. Each
prospective Health Coach has the ultimate right to choose his or her own Enroller. If two (2) Health Coaches
claim to be the Enroller of the same new Health Coach, the Company shall regard the first application received
by the Company as controlling and final.
4.26 - Stacking
“Stacking” is strictly prohibited. The term “stacking” includes:
(a) The failure to transmit to MTM or the holding of a Health Coach Application and Agreement in excess of
three (3) business days after its execution;
(b) The placement or manipulation of Agreements for the purpose of maximizing compensation pursuant to
MTM’s Marketing and Compensation Plan; or
(c) Providing financial assistance to new Health Coaches for the purpose of maximizing compensation pursuant
to MTM’s Marketing and Compensation Plan;
(d) Violating the one (1) business per tax ID rule.
4.27 - Succession
Upon the death or incapacitation of a Health Coach, his or her business may be passed to his or her heirs.
Appropriate legal documentation must be submitted to the Company to ensure the transfer is proper.
Accordingly, a Health Coach should consult an attorney to assist him or her in the preparation of a will or other
testamentary instrument. Whenever a MTM business is transferred by a will or other testamentary process, the
beneficiary acquires the right to collect all bonuses and commissions of the deceased Health Coach’s Health
Team provided the following qualifications are met. The successor(s) must:
(a) Execute a Health Coach Agreement;
(b) Comply with terms and provisions of the Agreement; and
(c) Continue to meet all of the qualifications to be paid at various Achievement levels within the compensation
plan.
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Bonus and commission checks of a MTM business transferred pursuant to this section will be paid in a single
check jointly to the devisees. The devisees must provide MTM with an “address of record” to which all bonus
and commission checks will be sent. If the business is bequeathed to joint devisees, they must form a
business entity and acquire a federal taxpayer Identification number. MTM will issue all bonus and commission
checks and one 1099 to the business entity on the most current application.
4.28 - Transfers of a MTM Business
4.28.1 - Transfer Upon Death of a Health Coach
To affect a willed by death transfer of a MTM business, the successor must provide the following to
MTM:
(1) an original death certificate;
(2) a notarized copy of the will or other instrument establishing the successor’s right to the MTM
business; and
(3) a completed and executed Health Coach Agreement.
4.28.2 - Transfer Upon Incapacitation of a Health Coach
To affect a transfer of a MTM business because of incapacity, the successor must provide the following
to MTM:
(1) a notarized copy of an appointment as trustee;
(2) a notarized copy of the trust document or other documentation establishing the trustee’s right to
administer the MTM business; and
(3) a completed Health Coach Agreement executed by the trustee.
4.29 - Telemarketing Laws
The Federal Trade Commission and the Federal Communications Commission each have laws that restrict
telemarketing practices. Both federal agencies (as well as a number of states) have “do not call” regulations as
part of their telemarketing laws. While you may not consider yourself a “telemarketer” in the traditional sense of
the word, these regulations broadly define the term “telemarketer” and “telemarketing” so that your inadvertent
action of calling someone whose telephone number is listed on the federal “do not call” registry could cause
you to violate the law. Moreover, these regulations must not be taken lightly, as they carry significant
penalties. In addition, Health Coaches shall not use automatic telephone dialing systems relative to the
operation of their MTM businesses. The term “automatic telephone dialing system” means equipment which
has the capacity to:
(a) store or produce telephone numbers to be called, using a random or sequential number generator; and
(b) to dial such numbers.
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4.30 - Use of the MTM Communication System and MTM Office Solutions Products
When MTM provides any channel of Health Team communication(s) accessible by individual Health Coaches,
it shall be used exclusively as a tool to communicate with his or her Downlink, to promote the sale of MTM
products and services and the MTM opportunity. Under no circumstances shall a Health Coach use the MTM
communication system, whether it is electronic mail or voice mail, to promote the sale of any non-MTM
products or services or any non-MTM program or opportunity.
4.31 - Prohibiting Against Excessive Charges
MTM prohibits any Sales Health Coach from charging any other Sales Health Coach more than $20 per day for
any training regarding MTM. For example, if a Sales Health Coach in MTM is holding a two day training class
then the most that can be charged for that particular training would be $40 per person. Note: Training classes
and Health Coach Team meetings may be monitored by MTM on an ongoing basis through the use of outside
anonymous resources.
4.32 – Confidentiality
During the term of the Agreement, the Company may supply to Health Coaches (Leads, Contacts, Accounts,
Opportunities and other information) within the MTM web data base. This data is confidential and proprietary
information which may not be distributed or abused, including, but not limited to genealogical and Downlink
Activity Reports, Client lists, Client information developed by the Company or developed for and on behalf of
the Company by Health Coaches, (including but not limited to, credit data, Client and Health Coach profiles and
product purchase information). Health Coach lists, vendor and supplier business information (whether in
written or electronic form) which the Company may designate as confidential. Confidential information may not
be used, shared, disseminated directly or indirectly by the Health Coach without prior written approval to do so
from MTM Operations Department.
SECTION 5 - RESPONSIBILITIES OF HEALTH COACHES
5.1 - Current Contact Information with Change of Address or Telephone
To ensure timely delivery of products, support materials, and commission checks, it is critically important that
the MTM Web’s data files are complete and current. Street addresses are required for shipping since UPS
cannot deliver to a post office box. Health Coaches planning to move should [update their personal information
via the Virtual Office function of the Health Coach’s replicated MTM website or send their new address and
telephone numbers to MTM’s Corporate Offices to the attention of the Operations Department. To guarantee
proper delivery, 2 (two) weeks advance notice must be provided to MTM on all changes.
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5.2 - Non-derision
MTM wants to provide its independent Health Coaches with the best products, compensation plan, and service
in the industry. Therefore, it values a Health Coach’s constructive criticisms and comments. All such
comments should be submitted by Account Email to the Operations Department. Remember, to best serve
Health Coaches. While MTM welcomes constructive input, negative comments and remarks made in the field
by Health Coaches about the Company, its products, or compensation plan serve no purpose other than to
reduce the enthusiasm of other MTM Health Coaches. For this reason and to set the proper example for their
Downlink, Health Coaches must not belittle, demean, or make negative remarks about MTM, other MTM Health
Coaches, MTM’s products, the MTM Marketing and Compensation plan, or MTM’s directors, officers, or
employees. Health Coaches shall not defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others. Health Coaches shall not publish, post, unload,
distribute, or communicate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful
topics, names, materials or information. Health Coach shall not advertise or offer to sell any goods or services
for any commercial purpose or conduct or forward surveys, contests, pyramid schemes or chain letters.
5.2.1 - Harassment Zero-Tolerance Policy
MTM has a zero-tolerance policy regarding harassment of another person by a MTM Independent
Health Coach. MTM expects its Independent Health Coaches to treat each other, as well as potential
Health Coaches and Clients with dignity and respect. Violations of this policy include, but are not
limited to:
• Intimidating, harassing, or other aggressive behavior;
• Causing repeated conflicts with Health Coaches or Clients;
• Direct or indirect threats of harm.
Violations of this policy will result in termination. If you are a victim of such behavior, it is important to
respond appropriately. Please do not overreact and escalate the situation. Remain calm and notify
MTM’s Operations Department immediately with detailed information about the incident at
Operations@MTMweb.info, or in writing to MTM Operations, 340 South Lemon Avenue #7012, Los
Angeles, CA. 91789, USA
5.3 - Providing Documentation to Applicants
Health Coaches must provide the most current version of the Policies and Procedures and the Compensation
Plan to individuals whom they are enrolling to become Health Coaches before the applicant signs a Health
Coach Agreement or by the enrollee acknowledging his or her understanding and agreement to the terms and
conditions of the Policies & Procedures and the Compensation Plan through the Health Coach website.
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5.4 - Reporting Policy Violations
Health Coaches observing a policy or ethics violation by another Health Coach should submit a written report of
the violation directly to the attention of the MTM Operations Department. Details of the incidents such as
dates, number of occurrences, persons involved, and any supporting documentation should be included in the
report.
5.5. Business Conduct
Each Health Coach will perform all of his or her business activities in a professional and ethical manner, which
will enhance the Health Coach’s reputation and the positive reputation of MTM. Health Coaches will be
courteous and respectful of every person contacted including employees and executives of the corporate
offices of MTM, and will conduct their business in a way as to respect the products, services and
professionalism of MTM and its other Health Coaches. Any Health Coach found in violation of any provision
may face disciplinary action.
5.6 MTM Employee Gifts
MTM employees may accept small tokens of appreciation in the form of a gift from an Independent Health
Coach or a Health Team of Health Coaches. Such gift shall not exceed a value of $100.00 (one hundred
dollars). All gifts regardless of size and scope must be disclosed to MTM Operations Department prior to
presentation or acceptance. MTM employees may accept small tokens of appreciation in the form of a gift from
an Independent Health Coach or a team of Health Coaches. Such gift shall not exceed a value of $100.00
(one hundred dollars).
5.7 MTM Social Network Policy
These are guidelines in the use of social media applications within the MTM Community, but we believe it has
wider applications. The rapid growth of social media technologies combined with their ease of use and
pervasiveness make them attractive channels of communication. However, these tools also hold the possibility
of a host of unintended consequences. To help you identify and avoid potential issues we have compiled these
guidelines. They are examples of best practices and are intended to help you understand, from a wide range of
perspectives, the implications of participation in social media and the MTM Social Media Policy. Applications
that allow you to interact with others online (e.g. Facebook, Google, Linked-In, My Space, etc.) require careful
consideration to assess the implications of “friending”, “linking ”, “following” or accepting such a request from
another person. For example, there is the potential for misinterpretation of the relationship or the potential of
sharing protected information. Relationships such as client, doctor, patient, supervisor-subordinate and Health
Team Members, merit close consideration of the implications and the nature of the social interaction.
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5.7.1 - General Guidelines
Sharing MTM news, events, promoting team membership, or products through social media tools is an
excellent, low-cost way to engage the community and build our brand. MTM encourages to re-post and
share information with their family and friends that is available to the public. The best way to share this
information is to link to the original source. When sharing information that is not a matter of public
record, please follow the below guidelines.
(a) Maintain Confidentiality - do not post confidential or proprietary information about Medical
Treatments Management, its employees, health Coaches partners, providers or subcontractors. Use
good ethical judgment and follow MTM policies and federal requirements, such as the Health Insurance
Portability and Accountability Act (HIPAA) Maintain Privacy Do not discuss a situation involving named
or pictured individuals on a social media site without their permission. As a guideline, do not post
anything that you would not present in any public forum. It’s appropriate to post at work if your
comments are directly related to accomplishing work goals, such as seeking sources for information or
working with others to resolve a problem. You should participate in personal social media
conversations on your own time Let your Internet social networking do no harm to MTM or to yourself
whether you’re navigating those networks on the job or off.
(b) Understand Your Personal Responsibility - MTM staff and team members are personally
responsible for the content they publish on blogs, wikis or any other form of user-generated content. Be
mindful that what you publish will be public for a long time “protect your privacy”.
(c) Be Aware of Liability - You are responsible for what you post on your own site and on the sites of
others. Individual bloggers have been held liable for commentary deemed to be copyright infringement,
defamatory, proprietary, libelous, or obscene (as defined by the courts). Increasingly, employers are
conducting Web searches on job candidates before extending offers. Be sure that what you post today
will not come back to haunt you.
(d) Maintain Transparency - The line between professional and personal business is sometimes
blurred. Be thoughtful about your posting’s content and potential audiences. Be honest about your
identity. In personal posts, you may identify yourself as an MTM team member or staff member.
However, please be clear that you are sharing your views as an individual, not as a representative of
the Medical Treatments Management. Correct mistakes, if you make a mistake, admit it. Be upfront
and be quick with your correction. If you’re posting to a blog, you may choose to modify an earlier post,
just make it clear that you have done so.
(e) Respect Others - You are more likely to achieve your goals or sway others to your beliefs if you are
constructive and respectful while discussing a bad experience or disagreeing with a concept or person.
(f) Be a Valued Member - If you join a social network, make sure you are contributing valuable
insights. Don’t hijack the discussion and redirect by posting self / organizational promoting information.
Self-promoting behavior is viewed negatively and can lead to you being banned from Web sites or
groups.
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(g) Think Before You Post - There’s no such thing as a “private” social media site. Search engines can
turn up posts and pictures years after the publication date. Comments can be forwarded or copied.
Archival systems save information even if you delete a post. If you feel angry or passionate about a
subject, it’s wise to delay posting until you are calm and clearheaded. Post only pictures that you would
be comfortable sharing with the general public.
5.7.2 - Social Media Guidelines When Posting as an Individual
MTM uses social media to supplement traditional press and marketing efforts. Health Team Members
are encouraged to share news and events, which are a matter of public record, with their family and
friends. Linking straight to the information source is an effective way to help promote the corporate
image and mission of MTM and build a community. When you might be perceived online as an agent /
expert of MTM, you need to make sure it is clear to the audience that you are not representing the
position of MTM or MTM policy. While the guidelines below apply only to those instances where there
is the potential for confusion about your role as a MTM agent / expert versus personal opinion, they are
good to keep in mind for all social media interactions. When posting to a social media site you should:
(a) Be Authentic - Be honest about your identity. In personal posts, you may identify yourself as a
MTM team member or staff member. However, please be clear that you are sharing your personal
views and are not speaking as a formal representative of MTM. If you identify yourself as a member
of the MTM community, ensure your profile and related content are consistent with how you wish to
present yourself to colleagues.
(b) Use a Disclaimer - If you publish content to any website outside of The MTM Web and it has
something to do with the work you do or subjects associated with MTM, use a disclaimer such as this:
“The postings on this site are my own and do not represent MTM’s positions, strategies or opinions.
Don’t Use the MTM Logo or Make Endorsements, or any other MTM marks or images on your personal
online sites. Do not use MTM’s name to promote or endorse any product, cause or political party or
candidate.
(c) Take the High Ground - If you identify your affiliation with MTM in your comments, readers may
associate you with MTM, even with the disclaimer that your views are your own. Remember that you’re
most likely to build a high-quality following if you discuss ideas and situations civilly. Don’t pick fights
online. Don’t Use Pseudonyms. Never pretend to be someone else. Tracking tools enable supposedly
anonymous posts to be traced back to their authors.
(d) Protect Your Identity - While you should be honest about yourself, don’t provide personal
information that scam artists or identity thieves could use. Don’t list your home address or telephone
number. It is a good idea to create a separate e-mail address that is used only with social media sites.
(e) Does it Pass the Publicity Test - If the content of your message would not be acceptable for face-to
face conversation, over the telephone, or in another medium, it will not be acceptable for a social
networking site. Ask yourself, would I want to see this published in the newspaper or posted on a
billboard tomorrow or ten years from now and have my grandmother or children read it?
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(f) Respect Your Audience - Don’t use ethnic slurs, personal insults, obscenity, or engage in any
conduct that would not be acceptable in MTM’s community. You should also show proper consideration
for others’ privacy and for topics that may be considered sensitive, such as politics and religion.
(g) Monitor Comments - Most people who maintain social media sites welcome comments, it builds
credibility and community. However, you may be able to set your site so that you can review and
approve comments before they appear. This allows you to respond in a timely way to comments. It also
allows you to delete spam comments and to block any individuals who repeatedly post offensive or
frivolous comments.
5.7.3 - Social Media Guidelines When Posting on Behalf of MTM
Online collaboration tools provide low-cost communication methods which foster open exchanges and
learning. While social media tools are changing the way we work and how we connect with the public,
the MTM policies and practices for sharing information remain the same. In addition to the general
guidelines discussed in Section 5.8, when you creating or post to a social media site on behalf of MTM
you need to:
(a) Seek Approval - Any messages that might act as the “voice” or position of MTM or a product of
MTM must be Official MTM publications or approved by MTM through its Operations Department.
(b) Be Accurate - Make sure that you have all the facts before you post. It’s better to verify information
with a source first than to have to post a correction or retraction later. Cite and link to your sources
whenever possible, that’s how you build an active community.
(c) Be Transparent - If you participate in or maintain a social media site on behalf MTM clearly state
your role and goals. Keep in mind that if you are posting with a MTM user name, other users do not
know you personally. They view what you post as coming from MTM. Be careful and be respectful.
What you say directly reflects on the MTM image. Discuss with your manager the circumstances in
which you are empowered to respond directly to users and when you may need approval.
(d) Be Timely - Assign an administrator who can regularly monitor postings and content. Aim for
standard times for postings and updates. The recommended minimum frequency is once to twice a
week. But be sure not to overload your updates. Followers will stop paying attention if you overload
them with information.
(e) Be Responsible - What you write is ultimately your responsibility. Participation in social computing
on behalf of MTM is not a right, but an opportunity, so please treat it seriously and with respect. If you
want to participate on behalf of MTM, be sure to abide by its standard practice guidelines in your
training manual.
(f) Respect Others - Users are free to discuss topics and disagree with one another, but please be
respectful of others’ opinions. You are more likely to achieve your goals if you are constructive and
respectful while discussing a bad experience or disagreeing with a concept or person.
(g) Be a Valued Member - If you join a social network like a Facebook group or comment on
someone’s blog, make sure you are contributing valuable insights. Post information about topics that
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are related to MTM campaigns, events or a article you’ve authored only when you are sure it will be of
interest to readers. In some forums, self-promoting behavior is viewed negatively and can lead to you
being banned from websites or groups.
(h) Be Thoughtful - If you have any questions about whether it is appropriate to write about certain
kinds of material in your role as a MTM Health Coach, ask your Health Coach Manager before you
post.
SECTION 6 - SALES REQUIREMENTS
6.1 - Product Sales
The MTM Marketing and Compensation Plan is based upon the sale of MTM products and services to end
Consumers. Health Coaches must fulfill personal and Downlink Health Team retail sales requirements (as well
as meet other responsibilities set forth in the Health Coach Agreement) to be eligible for bonuses, commissions
and advancement to higher levels of achievement. The following sales requirements must be satisfied for
Health Coaches to be eligible for commissions:
a) Health Coaches must satisfy the Qualified Sales requirements as specified in the MTM Marketing and
Compensation Plan in order to receive bonuses or commissions.
b) Health Coaches must develop or maintain service of at least one (1) new Retail Client every month.
6.2 - No Territory Restrictions
A MTM business can be primarily internet driven therefore, there are no exclusive territories granted to any
Health Coach.
6.3 - Sales Receipts
All Health Coaches must provide their Retail Clients with at least one (1) copy of an official MTM sales receipt
at the time of the sale. These receipts set forth the Client Satisfaction Guarantee for MTM products, as well as
any consumer protection rights afforded by federal or state law. Health Coaches must ensure that the following
information is contained on each sales receipt:
(1) The date of the transaction;
(2) The date (not earlier than the third business day following the date of the transaction) by which the buyer
may give notice of cancellation; and
(3) Name and address of the selling Health Coach; Remember that Retail Clients must receive at least one (1)
copy of the sales receipt. In addition, Health Coaches must orally inform the buyer of his or her rights of
cancellation.
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SECTION 7 - BONUSES AND COMMISSIONS
7.1 - Bonus and Commission Qualifications
A Health Coach must be active and in compliance with the Agreement to qualify for bonuses and commissions.
If and when a Health Coach complies with the terms of the Agreement, MTM shall pay commissions and
bonuses to such Health Coach in accordance with the Marketing and Compensation plan.
7.2 - Adjustment to Bonuses and Commissions
7.2.1 - Adjustments for Returned Products or Cancelled Services
Health Coaches receive bonuses and commissions based on the actual sales of products and services
to consumers. When a product is returned to MTM or a MTM service is cancelled, and the Client or
Health Coach returning the product or canceling the service is entitled to a refund under these Policies
and Procedures or by law, the bonuses and commissions attributable to the returned product or
cancelled service will be deducted in the month in which the refund is given, and continuing every pay
period after until all commissions and bonuses are recovered from the Health Coaches who received
bonuses and commissions on the sales of the refunded product or cancelled service. MTM further
reserves the right to issue product purchase refunds at any time, at its sole discretion.
7.3 - Unclaimed Commissions and Credits
Health Coaches must deposit or cash commission and bonus checks within six (6) months from their date of
issuance or as mandated by each state or country. A check that has not cleared an MTM Bank account after
six months will be void. There shall be a $30.00 charge for reissuing a check. These charges shall be deducted
from the balance owed to the Health Coach.
7.4 - Online Health Team Activity Reports
All information provided by MTM in online Downlink Activity Reports, including but not limited to personal and
Team Sales Volume, and Downlink enrolling activity is believed to be accurate and reliable. Even so, due to
various factors including the inherent possibility of human and or mechanical error; the accuracy,
completeness, and timeliness of orders; denial of credit card and electronic check payments; returned
products; credit card and electronic check charge-backs; the information is not guaranteed by MTM or any
persons creating or transmitting the information. All personal and health team sales volume information is
provided "as is" without warranties, express or implied, or representations of any kind whatsoever. In particular
but without limitation there shall be no warranties of merchantability, fitness for a particular use, or noninfringement. To the fullest extent permissible under applicable law, MTM and or other persons creating or
transmitting the information will in no event be liable to any health coach or anyone else for any direct, indirect,
consequential, incidental, special or punitive damages that arise out of the use of or access to personal and
Heath Team volume information of all bonuses, or commissions, loss of opportunity, and damages that may
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result from inaccuracy, incompleteness, inconvenience, delay, or loss of the use of the information, even if
MTM or other persons creating or transmitting the information shall have been advised of the possibility of
such damages. to the fullest extent permitted by law, MTM or other persons creating or transmitting the
information shall have no responsibility or liability to you or anyone else under any tort, contract, negligence,
strict liability, products liability or other premise with respect to any subject matter of this agreement or terms
and conditions related thereto.
Access to and use of MTM’s online reporting services and your reliance upon such information is at your own
risk. All such information is provided to you "as is". If you are dissatisfied with the accuracy or quality of the
information, your sole and exclusive remedy is to discontinue use of and access to MTM’s online reporting
services and your reliance upon the information.
SECTION 8 - PRODUCT GUARANTEES, RETURNS, REFUNDS,
CANCELLATIONS
8.1 - Cancellations and Returns
If a Health Coach is unsatisfied with any MTM product or service purchased for personal use, the Health Coach
may cancel the service with within three (3) days, for a full refund of the purchase price. This guarantee
includes the Global Health Care Treatment Packages (GHCTP), Global Health Care Memberships (GHCM),
Partner Products (PP) and the $99.95 Health Coach Business System (HCBS) Fee. When a product is
returned to MTM or a MTM service is cancelled, the Client or Health Coach returning the product or canceling
the service may be entitled to a refund under these Policies and Procedures or by law. MTM reserves the right
to issue any refunds at any time, at its sole discretion.
8.1.1 - Montana Residents
A Montana resident may cancel his or her Health Coach Agreement within 15 (fifteen) days from the
date of enrollment, and may return his or her Health Coach Business System for a full refund within
such time period.
8.1.2 - Alaska Residents
An Alaska resident may cancel his or her Product Order without penalty or obligation within five (5)
days of the date of the Agreement and receive a full refund.
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8.1.3 - Kentucky Residents
A Kentucky resident may cancel his or her Product Order without penalty or obligation within thirty days
of the date of the Agreement and receive a full refund. If he or she cancels after thirty (30) days, he or
she will be entitled to receive a pro rata refund without deduction for benefits received.
8.1.4 - New Hampshire Residents
A New Hampshire resident may cancel his or her Product Order more than three (3) business days
after its execution, and is entitled to a pro rata refund of his or her Membership fees without deduction
for benefits received.
8.1.5 - Wisconsin Residents
A Wisconsin resident may cancel his or her Product Order within three (3) months or within three (3)
days of his or her first purchase of the Global Health Care Membership (GHCM) , whichever occurs
first. If he or she cancels within the first fifteen (15) days of Membership, he or she will receive a full
refund of his or her Membership fee. If he or she cancels within three (3) months of the Agreement or
within three (3) days of his or her first purchase, he or she will be entitled to a prorated refund of his or
her Membership fee, without deduction for benefits received.
8.2 - Return of Sales Aids by Health Coaches
Upon cancellation of a Health Coach’s Agreement, the Health Coach may return sales aids for a refund if he or
she is unable to sell or use the merchandise. A Health Coach may only return sales aids purchased by him or
her in the last 60 days that are in resalable condition. Upon the Company’s receipt of resalable sales aids, the
Health Coach will be reimbursed 75% of the net cost of the original purchase price(s), less shipping charges. If
the purchases were made through a credit card, the refund will be credited back to the same account.
8.2.1 - Procedures for Sales Aid Returns
The following procedures apply to all returns for refund, repurchase, or exchange:
a) All merchandise must be returned by the Health Coach or Client who purchased it directly from
MTM.
b) No return shipments will be accepted without prior authorization from the MTM Operations team.
c) Proper shipping carton(s) and packing materials are to be used in packaging the product(s) being
returned for replacement, and the best and most economical means of shipping is suggested. All
returns must be shipped to MTM shipping pre-paid. MTM does not accept shipping-collect packages.
The risk of loss in shipping for returned product shall be on the Health Coach. If returned product is not
received by the Company, it is the responsibility of the Health Coach to trace the shipment. No refund
or replacement of product will be made if the conditions of these rules are not met.
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SECTION 9 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
9.1 - Disciplinary Actions by MTM
Violation of any or part of the Agreement, these Policies and Procedures, or any illegal, fraudulent, deceptive or
unethical business conduct by a Health Coach may result, at MTM’s discretion, in one or more of the following
corrective measures:
a) Issuance of a email warning or reprimand to the Health Coach within their Account;
b) Requiring the Health Coach to take immediate corrective measures;
c) Withholding commissions and bonuses, and/or imposing fines, in an amount determined by MTM at its sole
discretion;
d) Loss of rights to one or more bonus and commission checks;
e) MTM may withhold from a Health Coach all or part of the Health Coach’s bonuses and commissions during
the period that MTM is investigating any allegedly violated conduct;
f) Involuntary termination of the offender’s Health Coach Agreement;
g) Any other measure expressly allowed within any provision of the Agreement or which MTM deems
practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the
Health Coach’s policy violation or contractual breach.
9.2 - Grievances and Complaints
When a Health Coach has a grievance or complaint with another Health Coach regarding any practice or
conduct in relationship to their respective MTM businesses, the complaining Health Coach should first report
the problem to his or her Health Coach Manager who should review the matter and try to resolve it with the
other party's Health Coach Manager. If the matter cannot be resolved, it must be reported by Account Email
only and must bear the name and identification number of the party or parties submitting the formal complaint,
to the MTM Operations Department. No telephone calls will be accepted regarding such matters as
documentation must be presented by Account Email both from the complaining party or parties and ultimately
from the individual(s) cited for the possible policy violation. The Operations Department and the Health Team
Director will review the facts and attempt to resolve it. If it is not resolved, it will be referred to the Health Team
Resolution Board for final review and determination.
9.3 - Health Team Resolution Board
The Health Team Resolution Board reviews evidence, deliberates, and responds to current outstanding issues
on a collective basis. The purpose of the Health Team Resolution Board (“HTRB”) is to:
(1) Review appeals of disciplinary sanctions; and
(2) Review matters between MTM Health Coaches that have not been resolved following referral to the
Operations Department. A Health Coach may submit a written request for a video conference hearing within
15 (fifteen) business days from the date of:
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(1) The written notice by MTM of a disciplinary sanction; or
(2) The written decision of the Operations Department regarding disputes between Health Coaches. All
communication with MTM and the Health Coach(s) seeking resolution of a dispute must be by Account Email.
It is within the HTRB’s discretion whether a claim is accepted for review. If the HTRB agrees to review the
matter, it shall schedule a hearing within 15 (fifteen) days of receipt of the Health Coach’s written request.
All evidence (e.g., documents, exhibits, etc.) that a Health Coach desires to have considered by the HTRB
must be submitted to the MTM Operations Department no later than 7 (seven) business days before the date of
the hearing.
The Health Coach shall bear all of the expenses related to his or her attendance and the attendance of any
witnesses he or she desires to be present at the hearing. The decision of the HTRB will be final and subject to
no further review, except as provided in Section 9.4 below. During the pendency of the claim before the HTRB,
the Health Coach waives his or her right to pursue arbitration or any other remedy. Following issuance of a
disciplinary sanction, the disciplined Health Coach may appeal the sanction to the HTRB. The Health Coach's
appeal must be by Account Email and received by the Company within 15 (fifteen) days from the date of MTM’s
notice of the disciplinary sanction. If the appeal is not received by MTM within the 7 (seven) day period, the
sanction will be final. The Health Coach must submit all supporting documentation with his or her submitted
appeal. If the Health Coach files a timely appeal of a disciplinary action, the HTRB will review and reconsider
the action, consider any other appropriate action, and notify the Health Coach by Account Email of its decision.
9.4 - Arbitration
Any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by
arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and
judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Health Coaches waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in the
City of Las Vegas, Nevada unless the laws of the state in which a Health Coach resides expressly require the
application of its laws, in which case the arbitration shall be held in the capital of that state. All parties shall be
entitled to all discovery rights pursuant to the Federal Rules of Civil Procedure. There shall be one arbitrator, a
licensed attorney at law, who shall have expertise in business law transactions with a strong preference being
an attorney knowledgeable in the direct selling industry, selected from the panel which the American Arbitration
Panel provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration,
including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if
necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitration shall
survive any termination or expiration of the Agreement. Nothing in these Policies and Procedures shall prevent
MTM from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary
injunction, permanent injunction or other relief available to safeguard and protect MTM’s interest prior to, during
or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in
connection with any arbitration or other proceeding.
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The arbitrator shall have no obligation or jurisdiction over disputes relating to the ownership, validity or
registration or any mark of other intellectual property or proprietary or confidential information of the Company,
without the Company’s written consent. The Company may seek any applicable remedy in any applicable
forum with respect to these disputes. In addition to monetary damages, the Company may obtain injunctive
relief against a Health Coach in violation of the Agreement, and for any violation of misuse of the Company’s
trademark, copyright, confidential information policies. Nothing in this rule shall prevent the Company from
terminating the Health Coach Agreement. Nothing contained herein shall be deemed to give the arbitrator any
authority, power, right to alter, change, amend, modify, add to, or to subtract from any of the provisions of the
Policies or Procedures, Compensation Plan or the Health Coach Agreement.
9.5 - Governing Law, Jurisdiction and Venue
Jurisdiction and venue of any matter not subject to arbitration shall reside in Clark County, State of Nevada
unless the laws of the state in which a Health Coach resides expressly require the application of its laws. The
Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Nevada shall
govern all other matters relating to or arising from the Agreement unless the laws of the state in which a Health
Coach resides expressly require the application of its laws.
9.5.1 - Louisiana Residents
Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction
and venue as provided by Louisiana law.
SECTION 10 – ORDERING
10.1 - Purchasing MTM Products and Services
Each Health Coach should purchase his or her products and services directly from MTM. If a Health Coach
purchases products or services from another Health Coach or any other source, the purchasing Health Coach
will not receive the Health Coach Sales Volume that is associated with that purchase.
10.2 - General Order Policies
On line orders with invalid or incorrect payment, MTM will attempt to contact the Health Coach by phone, email,
and or mail to try to obtain another payment. If these attempts are unsuccessful after five (5) business days the
order will be returned unprocessed. No C.O.D. orders will be accepted. MTM maintains no minimum order
requirements. Orders for products and sales aids may be combined.
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10.3 - Confirmation of Order
A Health Coach and or recipient of an order must confirm that the product received matches the product listed
on the shipping invoice, and is free of damage. Failure to notify MTM of any shipping discrepancy or damage
within thirty (15) days of shipment will Cancel a Health Coach’s right to request a correction.
SECTION 11 - PAYMENT AND SHIPPING
11.1 - Insufficient Funds
It is the responsibility of each Health Coach to ensure that there are sufficient funds or credit available in his or
her account to cover his or her purchases. MTM will not contact Health Coaches in regard to orders or
services canceled due to insufficient funds or credit. This may result in a Health Coach’s failure to meet his or
her Health Coach Sales Volume requirements for the month.
11.2 - Returned Checks
All checks returned by a Health Coach’s bank for insufficient funds will be resubmitted for payment. A $25.00
returned check fee will be charged to the account of the Health Coach. After receiving a returned check from a
Client or a Health Coach, all future orders must be paid by credit card, money order or cashier’s check. Any
outstanding balance owed to MTM by a Health Coach for Non Sufficient Funds (NFS) checks and returned
check fees will be withheld from subsequent bonus and commission checks.
11.3 - Restrictions on Third Party Use of Credit Cards and Checking Account Access
Credit card purchases or purchases made by personal or business checks may only be made by the individual
to whom they have been assigned by the banking institution. Any Health Coach who uses another individual’s
credit card or checking account to pay for purchases must submit a credit card or checking account
authorization form to MTM with the order. MTM considers the unauthorized use of credit cards or checking
accounts as fraudulent and will report such actions to the proper authorities for settlement. In addition the
Health Coach involved may be subject to Suspension of Health Coach status pending resolution of the dispute.
A Health Coach shall not permit other Health Coaches or Clients to use his or her credit card, or permit debits
to his or her checking accounts, to enroll or to make purchases from the Company.
11.4 - Credit Card Charge Backs
Under no circumstances will any Health Coach "charge back" any credit card purchase. Any Health Coach
who does so will immediately lose all credit card ordering privileges until the charges are replaced with certified
funds. If an erroneous charge is applied to a Health Coach’s credit card, the Health Coach should immediately
contact MTM to initiate an investigation and resolution.
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SECTION 12 - INACTIVITY AND CANCELLATION OF THE AGREEMENT
12.1 - Results of Cancellation of The Agreement
So long as a Health Coach remains active and complies with the terms of the Health Coach Agreement and
these Policies and Procedures, MTM shall pay commissions to such Health Coach in accordance with the
Marketing and Compensation Plan. A Health Coach’s bonuses and commissions constitute the entire
consideration for the Health Coach's efforts in generating sales and all activities related to generating sales
(including building a Downlink Health Team). Following a Health Coach’s non-renewal of his or her Health
Coach Agreement, cancellation for inactivity, or voluntary or involuntary cancellation of his or her Health Coach
Agreement (all of these methods are referred to as “cancellation”), the former Health Coach shall have no right,
title, claim or interest to the Health Team which he or she operated, or any commission or bonus from the
sales generated by the Health Team. A Health Coach whose business is cancelled will permanently lose all
rights as a Health Coach. This includes the right to sell MTM products and services and the right to receive
future commissions, bonuses, or other income resulting from the sales and other activities of the Health
Coach’s former Downlink sales within their Health Team. In the event of cancellation, Health Coaches agree to
waive all rights they may have, including but not limited to property rights, to their former Downlink Health Team
and to any bonuses, commissions or other remuneration derived from the sales and other activities of his or her
former Downlink Health Team. Following a Health Coach’s cancellation of his or her Health Coach Agreement,
the former Health Coach shall not hold himself or herself out as a MTM Health Coach and shall not have the
right to sell MTM products or services. A Health Coach whose Health Coach Agreement is canceled shall
receive commissions and bonuses only for the last full pay period he or she was active prior to cancellation.
12.2 - Cancellation of The Agreement Due to Inactivity
It is the Health Coach's responsibility to lead his or her Health Team with the proper example in personal
production of sales to Clients and End Consumers. Without this proper example and leadership, the Health
Coach will lose his or her right to receive commissions from sales generated through his or her Health Team.
12.2.1 - Insufficient Personal Volume to Maintain Active Requirements
Health Coaches who personally generate less than one new Retail Sale or do not personally maintain
an active retail product and their month $14.95 HCBS fee for any calendar month will not receive
commissions for the sales generated throughout their Health Team for that month. If a Health Coach
has not fulfilled his or her Personal Volume requirement for any four consecutive months (and thus
become “inactive”), his or her Health Coach Agreement shall be canceled for inactivity. The
cancellation will become effective on the day following the last day of the fourth month of inactivity.
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12.2.2 - Reclassification Following Cancellation Due to Inactivity
If at the time a Health Coach’s Agreement is cancelled due to inactivity, and the Health Coach is
enrolled in either the Global Health Care Treatment Packages (GHCTP), Global Health Care
Memberships (GHCM), Partner Products (PP)Membership or LTC Tutorial programs, the Health Coach
shall be reclassified as a Preferred Client and his or her participation in such programs shall continue in
force unless the Health Coach specifically requests that his or her Client agreement(s) also be
canceled.
12.3 - Involuntary Cancellation of The Agreement
A Health Coach’s violation of any of the terms of the Agreement, including any amendments that may be made
by MTM in its sole discretion, may result in any of the sanctions listed in Section 9.1, including the involuntary
cancellation of his or her Health Coach Agreement. Cancellation shall be effective on the date on which written
notice is emailed, mailed, faxed, or delivered to an express courier, to the Health Coach’s last known address
(email or fax number), or to his or her attorney of record, or when the Health Coach receives in person the
actual notice of cancellation, whichever occurs first.
12.4 - Voluntary Cancellation of The Agreement
A participant in this network marketing plan has a right to Cancel at any time, regardless of reason.
Cancellation must be submitted in writing either by fax, postal delivery or email to the Company. The written
notice must include the Health Coach’s signature, printed name, address, and Health Coach I.D. Number. If a
Health Coach is enrolled in either the Global Health Care Treatment Packages (GHCTP), Global Health Care
Memberships (GHCM), Partner Products (PP), the Health Coach’s participation in such programs shall
continue in force unless the Health Coach also specifically requests that his or her client agreement(s) also be
canceled within the policies of the company.
MTM DISCLAIMER
LIMITATION OF LIABILITY
In no event shall MTM be liable for any indirect, incidental, special, punitive or consequential damages (including
damages for loss of business, profits, revenue, data, use or other economic advantage) incurred by distributor, or any
other third party, in connection with or arising out of the use of any of the services provided and in association with this
site. In meaning, however it arises, whether in an action in contract or tort. In no event shall the liability and damages
for claims relating to this site or any services provided here under exceed the amount of fees paid by the client under
this agreement or $100, whichever is less.
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DISCLAIMER OF WARRANTIES
MTM makes no warranty, express or implied, and specifically disclaims the implied warranties of merchantability and
fitness for a particular purpose, as to any matter whatsoever, including but not limited to the services provided by any
third party, including: physicians, hospitals, hotel, health or transportation providers.
ARBITRATION
Any dispute or claim arising under or with respect to this user agreement will be resolved by arbitration under the
provisions of the United States Arbitration Act. The parties shall be responsible for payment of their own expenses and
attorney's fees.
THIRD PARTY WEB SITES
Our Sites contain links to websites that are not operated by Medical Treatments Management, Inc., "MTM". These links
are provided for your reference and convenience only and do not imply any endorsement of the activities of these thirdparty website nor any association with their operators. MTM does not control these websites and is not responsible for
their data practices. We urge you to review the privacy policy posted on any website you visit before using the website
or providing any personal information about yourself.
INTERNET PRIVACY STATEMENT
Your privacy is very important to us. Personal information is never collected by MTM unless you affirmatively choose to
make such information available to us. In keeping with the object of protecting your Privacy, we follow all the
regulations pertaining to our Privacy responsibilities. When you become a client, additional information will be
necessary to serve you. To that extent, you may be asked to provide information that is private in nature. This
information will be used in identifying your health care needs and relevant information will be shared with our service
providers.
Information You Volunteer. We collect the personal information you knowingly and voluntarily provide when you use our
Sites, for example, the information you provide when you obtain a password, place an order online, complete an online
survey, fill out a customer service request or request information about any of the professionals providing any medical
or related services (“Provider”).
Information Sent to Us by Your Web Browser. We collect information that is sent to us automatically by your web
browser. This information typically includes your IP address, the address of the web page you were visiting when you
accessed our Site, the name of your operating system (such as Windows® or Macintosh®), the name and version of
your browser (such as Netscape® or Internet Explorer®), and the date and time of your visit. The information we
receive depends on the settings on your web browser. Please check your browser if you want to learn what information
your browser sends or how to change your settings.
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The information provided by your browser does not identify you personally. We use this non-personal information
primarily to create statistics that help us improve our Sites and make them more compatible with the technology used
by our visitors. However, if you have created a user identity on one of your visits to one of our Sites, or if you access a
Site by clicking on a link in an email we have sent you, we may link the information provided by your browser to
information that identifies you personally. In addition, we may review our server logs for security purposes, such as
detecting intrusions into our network. If we suspect criminal activity, we might share our server logs -- which contain
visitors’ IP addresses -- with the appropriate investigative authorities who could use that information to trace and
identify individuals.
Information Collected Using “Cookies” and Other Web Technologies. Like many commercial sites, we use "cookies,"
and similar technologies to collect information and manage our Sites. A cookie is a small text file that is placed on your
hard disk by a Web server. Cookies cannot be used to install computer programs or deliver viruses to your computer.
We may use two types of cookies -- “session cookies” and “persistent cookies.”
A “session cookie” assigns a randomly-generated, unique identification number to your computer when you access one
of our Sites. A session cookie expires after you close your browser. Generally, we use session cookies to collect
information about the ways visitors use our Sites – which pages they visit, which links they use, and how long they stay
on each page. This information is known as “click-stream information.” Session cookies may also be used to facilitate
your interactions with our Sites.
We may also use “persistent cookies.” These cookies do not expire when you close your browser, but stay on your
computer until they expire or you delete them. Each time you visit a particular Site, our web-server will recognize you
by “searching” the information contained in these cookies. By assigning your computer a persistent, unique identifier,
we are able to create a database of your previous choices and preferences. This permits us to offer you a personalized
experience when you use our Sites. For example, we may place a cookie on your hard drive that will cause our server
to display our Sites in the language you selected the last time you visited one of our Sites. Assigning your computer a
persistent, unique identifier also helps us keep a more accurate account of how many people visit our Sites, how often
they return, how their use of our Sites may vary over time, and the effectiveness of our promotional efforts.
Neither session cookies nor persistent cookies identify you personally. If, however, you have created a user identity on
one of your visits to one of our Sites or if you access one of our Sites by clicking on a link in an email we have sent you,
we may link the information collected by our cookies to information that identifies you personally.
If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is
placed on your computer. You may also delete our cookies as soon as you leave our Site. Although you are not
required to accept our cookies when you visit our Sites, if you set your browser to reject cookies, you will not be able to
use all of the features and functionality of our Sites.
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In addition to cookies, we may also use “web beacons” and other web technologies to manage our Sites and email. A
web beacon is a small bit of computer code. Web beacons may be used to count how many people visit a web page or
tell us whether an email has been opened. We may link the information we collect using web beacons and other web
technologies to information that identifies you personally.
HOW DO WE USE YOUR INFORMATION
MTM uses the personal information collected through our Sites to provide the information and services you request; to
provide you with information about services offered by Providers; to send you survey invitations related to services; to
display personalized content and advertising when you visit our Sites; to improve our Sites; to better market certain
programs and services; and for any other purpose we disclose to you in a specific Privacy Notice.
In addition, we may delete information that identifies you personally and study the balance of the information we collect
through our Sites to improve certain programs and services, to improve the content, functionality, navigation and
usability of our Sites, to better understand the needs and interests of our customers and potential customers, and to
better market certain programs and services.
Service and Health Providers. We may share personal information collected through our Sites with companies and
organizations that perform services on our behalf, for example, companies that provide support services to us (such as
data storage and hosting services) or that help us market our products and services (such as third-party e-mail
marketing companies). When we share personal information with our third-party service providers, these service
providers are required by contract to use the personal information we share with them only to perform services on our
behalf and to protect the confidentiality of your personal information.
Protection of Our Websites and Others. We may disclose the personal information we collect through our Sites when
we, in good faith, believe disclosure is appropriate to comply with the law (or a court order or subpoena); to prevent or
investigate a possible crime, such as fraud or identity theft; to enforce the terms of use or other agreements that govern
your use of our Sites; to protect the rights, property or safety of MTM our users or others; or to protect your vital
interests.
SECURITY
Within the use of commercially reasonable efforts on our part, your personal information will not be disclosed except as
necessary for our services, and as required by applicable laws. We take all precautions that are commercially
reasonable to protect your information from unintended distribution. However, due to the nature of the internet, we
cannot guarantee that some personal information may not be obtained by improper or illegal means.
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MTM DEFINITIONS
Achievement Level ~ The “title” that a Health Coach has earned in the MTM Marketing and Compensation Plan.
Active Achievement Level ~ The term “Active Achievement Level” refers to the current achievement of a Health
Coach, as determined by the MTM Marketing and Compensation Plan, for any calendar month OR volume period. To
be considered “Active” relative to a particular achievement, a Health Coach must meet the criteria set forth in the MTM
Marketing and Compensation Plan for his or her respective achievement.
Active Client ~ A Client or End Consumer who has an active and paid-up subscription to either of MTM’s products and
services (Global Health Care Treatment Packages (GHCTP), Global Health Care Memberships (GHCM), Partner
Products (PP)) for the subject calendar month.
Active Health Coach ~ An Active Health Coach is a Health Coach who has either:
1) generated the sale of at least one of MTM’s products (Global Health Care Treatment Packages (GHCTP), Global
Health Care Memberships (GHCM), Partner Products (PP)) to a Retail Client or End Consumer during the current
month; or
2) who has a current and Active Global Health Care Treatment Packages (GHCTP), Global Health Care Memberships
(GHCM) or the required purchase amount of Partner Products (PP).
Agreement ~ The contract between the Company and each Health Coach includes the Health Coach Agreement, the
MTM Policies and Procedures, the MTM Marketing and Compensation Plan, and the Business Entity Registration Form
(where appropriate), all in their current form and as amended by MTM in its sole discretion. These documents are
collectively referred to as the “Agreement.”
Cancel ~ The termination of a Health Coach’s business. Cancellation may be either voluntary, involuntary, through
non-renewal, nonpayment or inactivity.
Commissionable Products and Services ~ All MTM products and services on which commissions and bonuses are
paid. A Health Coach Business Systems and sales aids are not commissionable products.
Company ~ The term “Company” as it is used throughout the Agreement means
Medical Treatments Management, Inc.
Descendants ~ The tree in your marketing structure that were initially started by you Mentoring a personal Health
Coach, and then extended by them recruiting Health Coaches personally and that process duplicating. You can think
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of your descendants as your mentorship Health Team tree. It comes from those whom you personally enrolled and
who they personally enrolled, etc. Team Building will not add to your descendants.
Downlink Activity Report ~ A monthly report generated by MTM that provides critical data relating to the identities of
Health Coaches, sales information, and enrollment activity of each Health Coach’s Health Team. This report contains
confidential and trade secret information which is proprietary to MTM.
Downlink ~ Each one of the individuals enrolled immediately underneath you and their respective Health Teams
represents one “tree” in your Health Team. Each Health Team has two trees-one on the left and one on the right.
End Consumer ~ A person who purchases MTM products for personal use rather than for resale to someone else.
Enroller ~ A Health Coach who recruits and enrolls another Health Coach into the Company. The Enroller receives the
$50 Direct Commission if the new Health Coach also purchases a product. The Enroller is typically also the Mentor of
the new Health Coach.
Health Coach Business System ~ A selection of MTM training materials and business support publications that each
new Health Coach is required to purchase. The Health Coach Business System is sold to Health Coaches at the
Company’s cost.
Health Coach Production ~ Moving product to a Client or an end consumer for personal use.
Health Coach Sales Volume (HCSV) ~ The commissionable value of services and products sold in a calendar month:
(1) by the Company to a Health Coach; and
(2) by the Company to the Health Coach’s personally enrolled Clients.
Health Team ~ The Health Coaches Mentored below a particular Health Coach Manager. The term “Health Team” is
further defined in the MTM Marketing and Compensation Plan.
Health Team Sales Volume ~ The commissionable value of MTM products generated by a Health Coach’s Health
Team. Team Sales Volume does not include the Personal Sales Volume of the subject Health Coach. (Health Coach
Business Systems and sales aids have no Sales Volume.)
Immediate Household ~ Heads of household and dependent family members residing in the same house.
Left Side Team Sales Volume (TSV) ~ The commissionable value of MTM products and services sold in the left
downlink tree of a particular Health Team.
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Level ~ The layers of downlink Health Coaches in a particular Health Coach’s Health Team. This term refers to the
relationship of a Health Coach relative to a particular uplink Health Coach, determined by the number of Health
Coaches between them who are related by mentorship. For example, if A mentors B, who mentors C, who mentors D,
who mentors E, then E is on A’s fourth level.
Mentor ~ The Health Coach to whom front-line descendants are credited when a new Health Coach is enrolled.
Official MTM Material ~ Publications of literature, audio or video tapes, and other materials developed, printed,
published and distributed by MTM to its Health Team, Health Coaches, Clients or the general public. Soley approved
by MTM Corporate.
Recruit ~ For purposes of MTM’s Conflict of Interest Policy (Section 4.8), the term “recruit” means actual or attempted
solicitation, enrollment, encouragement, or effort to influence in any other way, either directly or through a third party,
another MTM Health Coach to enroll or participate in another multilevel marketing, network marketing or direct sales
opportunity. This conduct constitutes recruiting even if the Health Coach’s actions are in response to an inquiry made
by another Health Coach.
Resalable ~ Products and sales aids shall be deemed "resalable" if each of the following elements is satisfied:
1) They are unopened and unused;
2) Packaging and labeling has not been altered or damaged;
3) The product and packaging are in a condition such that it is a commercially reasonable practice within the trade to
sell the merchandise at full price;
4) Products are returned to MTM within one year from the date of purchase;
5) The product expiration date has not elapsed; and
6) The product contains current MTM labeling. Any merchandise that is clearly identified at the time of sale as
nonreturnable, discontinued, or as a seasonal item, shall not be resalable.
Retail Client ~ An individual or entity who is not a MTM Health Coach and who purchases MTM products or services
from or through a Health Coach.
Right Side Team Sales Volume (TSV) ~ The commissionable value of product(s) sold in the right downlink tree of a
particular Health Team.
Uplink ~ This term refers to the Health Coach or Health Coaches above a particular Health Coach in a mentorship line
up to the Company. Conversely stated, it is the line of mentors that links any particular Health Coach to the Company.
Policies and Procedures Concluded
© 2007-2011 Medical Treatments Management, Inc.
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