Terms & Conditions
Xyngular encourages its Distributors to utilize the World Wide Web to grow their businesses; however, utmost discretion must be used when designing and operating personal Distributor, Member, or Customer websites. It is the responsibility of the Distributor, Member, or Customer to inform Xyngular Headquarters in writing of their own personal website address before it becomes operational.
As the governing body of all Xyngular business, Xyngular has the right to review every Distributor, Member, or Customer website to make sure that the website abides by the regulations and by-laws of Xyngular.
All Distributors, Members, or Customers must abide by the following website rules and regulations; any violations may result in harsh civil and criminal penalties.
Elements of Xyngular-owned websites, including design, layout, and various components, such as logos, graphics, sounds and /images are Copyrighted material and protected by law. Any duplication, redistribution or imitation in part or in whole is strictly prohibited without the expressed written permission of Xyngular.
Permission to use Xyngular documents, such as press releases, fliers, comparison charts, etc., found on the Xyngular website server is granted, provided that (1) the following statement clearly appears – I am an Independent Distributor, Member, or Customer for Xyngular, (2) use of these documents is for informational and non-commercial or personal use only and will not be posted, copied or broadcast in whole or in part on any network computer or other media, and (3) no modifications of any documents are made.
This permission extends to the use of logos and photography of Xyngular products.
Permission does NOT extend to the design or layout of any Xyngular owned or controlled site, nor to any testimonials or ANY non-product photography (including that of Distributors, Members, or Customers).
Use of Xyngular’s copyrighted material for any purpose other than the specified uses is strictly prohibited by law.
Distributor, Member, or Customer websites must clearly state that they represent Independent Distributors, Members, or Customers of Xyngular products.
All of the rules and regulations regarding product and income claims also apply to websites.
Under no circumstances may an individual Distributor, Member, or Customer website be linked to Xyngular’s corporate website.
In no event will Xyngular or its respective suppliers be liable for any damages whatsoever resulting from loss of profits in connection with the use or performance of products, documents and other tools, including information or lack of information available from Xyngular's website.
Xyngular has the right to request that a Distributor, Member, or Customer shut down his/her website if these rules are not followed; failure to do so may result in immediate termination of that Distributor, Member, or Customer.
Other rules may apply to individual situations.
SPECIAL WEBSITE ALERT
This is a special alert to all Distributors, Members, or Customers regarding websites. We want to thank those of you who have taken the initiative to launch your own website. However, due to federal regulations, all Distributors, Members, or Customers promoting Xyngular on their own websites must register their sites with Xyngular International.
Regulators are moving in the direction of holding both the individual Distributor, Members, or Customers and the corporation responsible for the content of Distributor, Member, or Customer sites. Your cooperation is mandatory in our effort to comply with federal regulations. We must all work together to protect this wonderful opportunity.
It is imperative that all existing Distributor, Member, or Customer websites be registered with Xyngular. If you are planning to launch a site, it must be registered before it launches. Please complete the following two steps in order to register your site.
1. Review Content:
Before registering your site, please eliminate any and all health claims stating that Xyngular’s products are intended to treat, cure or prevent any disease or health condition. When reviewing the content of your website, ask yourself the following questions: does this sentence in any way imply that the product A) treats a disease, B) prevents a disease, C) cures a disease, or D) attempts to diagnose a disease? If the answer is YES to ANY of those questions, it’s a drug claim and the copy MUST BE REMOVED! Your website content focus should be on promoting health, maintaining health and/or optimizing one’s physical condition. If you have any questions regarding appropriate content, please contact Xyngular at 1-801-756-8808.
2. Contact Xyngular to Register Your Site
To register your existing site, or pre-register a pending site, please provide your website address to: firstname.lastname@example.org
Please allow us 2-3 weeks to review your site and contact you with any concerns.
After registering your website, please be aware that Xyngular will be reviewing all websites periodically and editing for health claims. As always, we expect our Distributors, Members, or Customers to use professionalism when promoting Xyngular. All literature and websites should be free of all exaggerated claims as well as any type of profanity or vulgarity including text, photos, and so forth. We appreciate your prompt cooperation in this matter.
Xyngular CORPORATE LOGO USAGE STANDARDS
Xyngular permits its Distributors, Members, or Customers to use the Xyngular Independent Distributor logo in their promotional efforts. Uses include, but are not limited to, business cards and stationery, print advertisements, promotional flyers, websites and signage.
Xyngular actively encourages our Distributors, Members, or Customers to develop marketing strategies using the Internet. The Internet is a powerful marketing tool, especially in the field of direct sales, and Xyngular is committed to the idea of e-commerce. Through our Xyngular-Site program, Xyngular offers Distributors, Members, or Customers an effective and affordable means of creating a genuine e-commerce business.
There are many fantastic ways to use the Internet as a marketing tool. However, there is one Internet marketing practice which Xyngular does not allow our Distributors, Members, or Customers to use: “spamming”.
What is “Spamming”?
Spamming is the sending of unsolicited email to persons with whom the sender has no previous relationship.
For example, sending a large number of identical (and generally not personally addressed) messages to a list of email addresses purchased or obtained from any source, for the purpose of introducing a product, or a business opportunity. This email is known as “spam”. In general, the recipient does not like receiving spam. It is not like getting a catalog in the mail… for one reason or another, spam mail irritates people far more, and reflects negatively on the sender. Also, it is rarely read, especially by the more sophisticated email user, who can quickly differentiate spam from an email message they might want to get.
Xyngular, as a matter of policy, does not allow our Distributors, Members, or Customers to use “spamming” as a marketing technique.
This policy is consistent with the policies of the Direct Selling Association. In fact, with the overwhelming passage of The Unsolicited Commercial Electronic Mail Act of 2000 in the House of Representatives, it is likely that the practice of “spamming” will become illegal in the near future. Among other provisions, this law would give Internet Service Providers the ability to issue significant fines against users caught “spamming” (up to $500 per message, with a limit of $50,000). Of course, should this law be enacted we would have to comply and impose those fines on the Distributor, Member, or Customer who was actually doing the “spamming”.
Additionally, Internet Service Providers (ISP’s) in general, and Xyngular’s ISP in specific, have clear policies prohibiting both the sending of “spam” email messages, and the collection of the responses to such email, even if sent from another ISP. Xyngular Distributors, Members, or Customers who might send “spam” referencing the address of their Xyngular-Site or the Xyngular corporate website, would be in violation of this policy. Such violations could result in the closing of the Distributor's, Member’s, or Customer’s ISP account, and even the closing of Xyngular’s ISP account.
Therefore, Xyngular prohibits our Distributors, Members, or Customers from “spamming”. Any Xyngular Distributor, Member, or Customer found to be in violation is subject to disciplinary action, which could include the revocation of their Xyngular-Site and/or the termination of their Distributor, Member, or Customer membership.