7) Marketing and Promotion of a Crunchi BusinessUpdated 3 months ago

7) Marketing and Promotion of a Crunchi Business

7.1 MARKETING AND ETHICS: As an independent contractor of Crunchi, an Advocate is obligated to market and promote their Crunchi business consis- tent with the Agreement. Advocates must identify themselves as independent contractors of Crunchi on any and all marketing, promotion, business cards, or online forums. Advocates may not imply they are owners, employees, managers, partners, stake- holders, franchisees, or any other type of employee of Crunchi. Advocates must also comply with FDA and FTC marketing guidelines, which are outlined in Crunchi documents and training. If an Advocate fails to comply with these guidelines, Crunchi will not participate in any legal action, including but not limited to; defending them in any proceedings, indemnifying them, or holding them harmless in any way.

7.2 MARKETING AND INTELLECTUAL PROPERTY: Advocates may not use Crunchi logos, trademarks, or other intellectual property unless specifically allowed under the Advocate Agreement. However, Innovators and above may use the Crunchi logo on swag items with prior approval from [email protected].

7.3 MARKETING PRACTICES: Advocates are not permitted to use telemarketing, phishing, or other predatory marketing practices. All promotion and marketing must adhere to local, state, and federal laws regarding telemarketing and advertising.

7.4 SALES TOOLS:

a. Available Sales Tools: Advocates may advertise or promote their Crunchi businesses using the templates, images, sales aids, presentations, advertising, promotional materials, and marketing methods (“Sales Tools”) available. All available Sales Tools, training, or training aids may not be altered, repackaged, or re-sold in any capacity. This rule applies regardless of whether the Sales Tools, training, or training aids have been provided by Crunchi Corporate or another Advocate.

b. Proposed Sales Tools: Subject to the requirements set forth in the Agreement, Advocates may create their own Sales Tools. To ensure the Sales Tools are not deceptive and contain only substantiated claims, all Advocate-created Sales Tools must be submitted to Crunchi for written approval before they can be used or made public. Proposed Sales Tools must be submitted to Crunchi via email at [email protected]. Advocates should include their names along with the submission. Advocates who receive written authorization from Crunchi to produce and publish Sales Tools may make approved Sales Tools available to other Advocates free of charge if they wish, but may not sell the Sales Tools to other Advocates. Use of Crunchi logos, trademarks, or other intellectual property is not permitted on Advocate-created Sales Tools.

c. Approval of Sales Tools: Crunchi reserves the right to withhold and/or rescind approval for any approved Sales Tools, and Advocates waive all claims against Crunchi for damages, expenses, costs, or remuneration of any other nature arising from or relating to such rescission. Approved Sales Tools will be posted in all Advocate Community forums to which Advocates have access.

d. Sales Tools Ownership: An Advocate who creates Sales Tools grants Crunchi an irrevocable license to use the Sales Tools at its discretion, and waives all trademark, copyright, or intellectual property claims and/or claims for remuneration against Crunchi, its officers, directors, owners, agents, and other Advocates for such posting and/or use of the Sales Tools.

7.5 ONLINE REPRESENTATION: Advocates shall responsibly represent Crunchi online. Through the operation of their Crunchi business and online presence, Advocates may not make any social media postings, or link to or from any postings or other material that is:

• Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
• Sexually explicit, obscene, or pornographic;
• Graphically violent, including any violent video game images;
• Solicitous of any unlawful behavior;
• Engaged in personal attacks on any individual, group, or entity; or
• In violation of any intellectual property rights of Crunchi or any third party.

Advocates are prohibited from conversing with others who place a negative post against them, other Advocates, or the Company.

7.6 REPLICATED WEBSITES: Advocates for Crunchi receive a revocable license to use a Crunchi replicated website for their Clients and customers to purchase Crunchi products through them. Replicated websites through Crunchi may only be used for Advocates’ Crunchi business and not to promote, sell, or market non-Crunchi products, services, or business opportunities. Crunchi branding and logos must not be altered.

7.7 TEAM WEBSITES: Advocates may create their own non-public team websites or non-public social media pages (collectively “Team Websites”) to manage their Crunchi business. However, official Crunchi-supplied replicated websites are the only online forum available to Advocates through which Crunchi products or opportunities may be sold and through which new Crunchi enrollments may be transacted (prohibited online forums include, but are not limited to, Advocates’ external websites, online auctions, and classified listings). Team Websites and non-public social media pages are not a violation of Crunchi’s policy prohibiting Advocates from developing independent websites. A Team Website must be closed to the general public and must be password protected. Team Websites may serve only as a closed forum for communicating, training, recognizing, connecting, and/or motivating Advocates within that genealogy line. Team Websites may not be used for recruiting or sales purposes, and may not be shared with prospective Advocates. Team Websites must comply with all terms of the Agreement. Upon creation, an Advocate operating a Team Website shall provide Advocate members with a password to their Team Website and/or an invitation to a team social media page.

7.8 LINKING PINS/POSTS: An Advocate may post or “pin” photographs of Crunchi products on a social media site, but any postings or pinnings may link only to the posting Advocate’s Crunchi Replicated Website.

7.9 ADVOCATE CREATED RECRUITING SITES: Advocates are provided with a replicated website by Crunchi, from which they can take orders, enroll new Customers and Advocates, as well as manage their Crunchi business. Advocates may only use replicated websites provided by Crunchi or to promote the Advocate opportunity and may not create their own public-facing websites or social media pages to directly or indirectly promote or recruit for the Advocate opportunity.

7.10 SEARCH ENGINE OPTIMIZATION , DIGITAL PAID ADVERTISEMENTS, GOOGLE ADS: All of these tactics, or attempting to direct or increase visitors to a site/page, that is not authentic, does not add value, or in any way tries to manipulate search engine algorithms are against the Agreement. All tactics taken to optimize an Advocate’s site/page must be fair and in line with the Crunchi mission and the Agreement. Further, any links presented on the web must clearly be defined as a link to an Advocate’s site and may not attempt to mislead web traffic by making potential Clients or potential Advocates believe they are reaching the Crunchi Corporate website.

7.11 NO SPAM OR PREDATORY PRACTICES: Any type of spam linking is not permitted. Advocates may not transmit mass emails, faxes, texts, direct mail, or phone calls to promote Crunchi or its products or opportunities. The use of deceptive subject lines or other fraudulent tactics is prohibited. Advocates may not, including but not limited to, transmit, post, comment, or attempt to market, recruit, or sell in a predatory fashion on public or private social media sites.

7.12 SOCIAL MEDIA: Social networking, video, or digital media sites are permitted to share information about Crunchi provided the Advocate’s use of these sites complies with the Agreement and clearly identifies Advocates as independent contractors, are not used for e commerce, and aligns with the mission and values of Crunchi. Prior written permission must be obtained before uploading any content of any type received from Crunchi Corporate, captured at Crunchi Corporate offices, or at Crunchi Corporate events. In addition to meeting all other requirements specified in the Agreement, should an Advocate utilize any form of social media, including but not limited to blogs, Facebook, X (formerly “Twitter”), LinkedIn, YouTube, or Pinterest, the Advocate agrees to each of the following:

a. No product sales or enrollments may occur on any social media site. To generate sales, a social media site must link only to the Advocate’s Crunchi replicated website.

b. It is each Advocate’s responsibility to follow the social media site’s terms of use. If the social media site does not allow its site to be used for commercial activity, Advocate must abide by the site’s terms of use, and all other rules of the site.

c. Any social media site that is directly or indirectly operated or controlled by an Advocate that is used to discuss or promote Crunchi products or opportunities may not link to any website, social media site, or site of any other nature, other than the Advocate’s Crunchi replicated website.

7.13 AUCTION SITES: Online advertising and selling may not be done on “Craigslist” or other online or print classified sites. The use of “eBay,” “Groupon,” and other online auction or resale sites is not permitted to sell Crunchi products, or knowingly allow a third party to sell Crunchi in these forums. Banner advertising on web pages may be used with prior approval of Crunchi and may only link back to Advocate’s replicated website.

7.14 PROMOTION AND CLAIMS:

Indemnification:

An Advocate is fully responsible for all of his or her verbal and written statements made regarding Crunchi products and the Compensation Plan that are not expressly contained in official Crunchi materials. This includes statements and representations made through all sources of communication media, whether person-to-person, in meetings, online, through Social Media, in print, or any other means of communication. Advocates agree to indemnify Crunchi and Crunchi’s directors, officers, employees, and agents, and hold them harmless from all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by Crunchi as a result of the Advocate’s unauthorized representations or actions. This provision shall survive the termination of the Advocate Agreement.

a. Product Claims: No claims (which include personal testimonials) as to therapeutic, curative or beneficial properties of any products offered by Crunchi may be made except those contained in official Crunchi literature. In particular, no Advocate may make any claim that Crunchi products can affect or alter any structure or function of the body. Such statements can be perceived as drug claims, and they may lack adequate substantiation. Not only are such claims in violation of the Advocate Agreement, but they also violate the laws and regulations of the United States and other jurisdictions.

b. Unsubstantiated Claims: Advocates should not make claims that Crunchi has been approved, endorsed, or otherwise sanctioned by any government agency or official. Advocates should not make claims that its products are a drug or a cure or will relieve any medical conditions, allergies, or other health-related ailments. Advocates must take care to truthfully and accurately promote Crunchi products.

c. IDS Statement & Income Claims: Crunchi Corporate’s ethics compel us to do not merely what is legally required, but rather, to conduct the absolute best business practices. To this end, we have developed the Crunchi Income Disclosure Statement (“IDS”). The Crunchi IDS is designed to convey truthful, timely, and comprehensive information regarding the income that Crunchi Advocates earn. In order to accomplish this objective, a copy of the IDS must be presented to all prospective Advocates.

d. The failure to comply with this policy constitutes a significant and material breach of the Crunchi Advocate Agreement and will be grounds for disciplinary sanctions, including termination, pursuant to Section 10.5 (Disciplinary Sanctions). An Advocate, when presenting or discussing the Crunchi Opportunity or Compensation Plan to a prospective Advocate, may not make income projections, income claims, or disclose his or her Crunchi income (including the showing of checks, copies of checks, bank statements, or tax records) unless at the time the presentation is made, the Advocate provides a current copy of the Crunchi Income Disclosure Statement (IDS) to the person(s) to whom he or she is making the presentation. A copy of the IDS must be presented to a prospective Advocate (someone who is not a party to a current Crunchi Advocate Agreement) anytime the Compensation Plan is presented or discussed, or any type of income claim or earnings representation is made. The terms “income claim” and/or “earnings representation” (collectively “income claim”) include: (1) statements of actual earnings; (2) statements of projected earnings; (3) statements of earnings ranges; (4) income testimonials; (5) lifestyle claims; and (6) hypothetical claims. A lifestyle income claim typically includes statements (or pictures) involving large homes, luxury cars, exotic vacations, or other items suggesting or implying wealth. They also consist of references to the achievement of one’s dreams, having everything one always wanted, and are phrased in terms of “opportunity”, “possibility” or “chance.” Claims such as “My Crunchi income exceeded my salary after six months in the business,” or “Our Crunchi business has allowed my wife to come home and be a full-time mom” also fall within the purview of “lifestyle” claims. A hypothetical income claim exists when you attempt to explain the operation of the compensation plan through the use of a hypothetical example. Certain assumptions are made regarding some or all of the following: (1) number of personally-enrolled Customers and Advocates; (2) number of downline Customers and Advocates; (3) average sales/purchase volume/sales volume per Customer and Advocate; and (4) total organizational volume. Applying these assumptions through the compensation plan yields income figures that constitute hypothetical income claims. In any non-public meeting (e.g., a home meeting, one-on-one, regardless of venue) with a prospective Advocate or Advocates in which the Compensation Plan is discussed or any type of income claim is made, you must provide the prospect(s) with a copy of the IDS. In any meeting that is open to the public in which the Compensation Plan is discussed or any type of income claim is made, you must provide every prospective Advocate with a copy of the IDS. In any meeting in which any type of video display is utilized (e.g., monitor, television, projector, etc.) a slide of the IDS must be displayed continuously throughout the duration of any discussion of the Compensation Plan or the making of an income claim. Copies of the IDS may be printed or downloaded without charge from the Facebook Advocate Community (FAC), Advocate Back Office, or crunchi.com. Advocates who develop sales aids and tools in which the Compensation Plan or income claims are present must incorporate the IDS into each such sales aid or tool prior to submission to the Company for review.

e. Advocate Compensation Plan Claims: When presenting or discussing the Crunchi Compensation Plan, you must make it clear to prospects that financial success with Crunchi requires commitment, effort, and sales skills. Conversely, you must never represent that one can be successful without diligently applying themselves. Examples of misrepresentations in this area include:

• It’s a turnkey system;
• The system will do the work for you;
• Just get in and your downline will build through spillover;
• Just join and I’ll build your downline for you;
• The company does all the work for you;
• You don’t have to sell anything; or
• All you have to do is buy your products every month.

The above are merely examples of improper representations about the Compensation Plan. It is important that you do not make these or any other representations that could lead a prospect to believe that they can be successful as a Crunchi Advocate without commitment, effort, and sales skills.