TenKi, LLC. Doing Business As (DBA) and in this manual will be referred to as “KISS Identity and/or Company,” is a direct selling company marketing to the consumer through its independent representatives, which in this manual will be referred to as “Drivers.” The policies and procedures outlined here are applicable to all Drivers of the Company.

Download Policies [PDF / 161KB]

 

I. DRIVER POLICIES

BECOMING A KISS DRIVER
An applicant becomes a KISS Driver when an online Company Application and Agreement form has been received, accepted and processed by the Company. The Company reserves the right to accept or reject applications for new Drivers or applications for renewal.

KISS DRIVERS
A Driver signs up using the intent to build a business with a crew or network of people in his/her organization, and is eligible for all earned bonuses and commissions. The fee to become a Driver is $10.00USD. A Driver also commits to a monthly order which we call a cover charge in which a set amount of product is automatically billed to the Driver each month at the rate of $10.00USD.

LEGAL AGE
A person must be of legal age in the state or province in which they reside in order to be eligible to become a KISS Driver and distribute Company products. The Company employees and their households are ineligible to become Drivers, unless written approval is granted by the Company.

TAXES
Each Driver is responsible for paying local, state, and federal taxes on any earnings generated as a KISS Driver. Drivers in Utah are currently subject to all applicable taxes. Where applicable, the Company will deduct or charge all jurisdictional sales tax in other states where required by law. This may include state, county and city taxes. If a Drivership is tax exempt, its Federal tax identification number must be provided to the Company.

SAME HOUSEHOLD DRIVERS
The Company will not consider each married or common law couple a single Drivership. Husbands and wives may not sponsor each other directly or indirectly, nor have different sponsors, nor may any of their children who live in the same household. If one spouse is already a Driver, the non-participating spouse may elect to become a Driver, but must join the same Drivership as his or her spouse, parent or child; or be sponsored by the same sponsor. Should Drivers of Drivership divorce, they should notify the Company as to how the Drivership is to be managed thereafter.

PARTNERSHIPS & CORPORATIONS
A partnership or corporation may become a KISS Driver by submitting to the Company a certificate of partnership or corporation with a complete list of partners or officers. No individual may participate in more than (1) Drivership in any form without the express written permission from the Company. Only in the most extreme circumstances will this be considered.

a. A Drivership may change status under the same sponsor from individual to partnership or corporation; or from partnership to corporation with proper and complete documentation.

b. To form a new Drivership as a partnership or corporation, and to change status to one of these forms of business, you must request a partnership/corporation form from the Company. This form must be submitted detailing all partners, stockholders, officers or directors in the partnership or corporation. The partner or officer who submits the form must be authorized to enter into binding contracts on behalf of the partnership or corporation.

In addition, by submitting the partnership/corporation form, you certify that no person with an interest in the business has had an interest in a Drivership within three (3) months of the submission of the form (unless it is the continuation of an existing Drivership that is changing its form of doing business).

KISS DRIVER STATUS
KISS Drivers are independent marketing representatives of the Company and are not to be considered purchasers of a franchise. The agreement between the Company and its Drivers does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the Drivers.

INACTIVE DRIVER
A Driver who has been inactive (no product purchase or payment for whatever reason, for a period of 90 days will be automatically suspended from the KISS Driver database. However, the Driver may be reinstated within 30 days of his/her being suspended if he/she reestablishes normal monthly payments in accordance with their previously established Drivership. No lost commissions will be paid on for the months of inactivity.

PURCHASES AND FEES
All Drivers are required to purchase $10.00USD KiSS Kit which includes their choice of KiSS products at the time they submit their Driver application to the Company. This sum paid is not a franchise fee, but rather costs strictly incurred for products required to become a Driver of the Company. A Driver is not required to purchase product for personal use.

There are monthly business expenses that each KiSS Identity Driver will pay, once their business has reached profitability.

These fees include business processing, interactive website and administrative fees that will be deducted from commissions and bonuses after the KiSS Identity Driver has earned more than $12.00USD.

These deductions will occur on the following schedule:

Once a KiSS Identity Driver earns $12.00USD a $2.00USD business processing fee will be deducted, this fee will be followed up with a 2% administrative, website and processing fee for each additional dollar earn until a total of $25.00USD has been paid to cover all KiSS Identity processing expenses. This $25.00USD is used to cover all costs and business expense for operating an online, over the web, interactive business which includes but is not limited to all other business processing fees. In order for KiSS Identity to receive a total of $25.00USD the KiSS Identity Driver would need to earn more than $1,162.00USD.

Example #1
$1,162.00 total earnings (minus - $2.00) business processing fee (minus - $23.00) additional administrative processing expenses = $1,137.00 (Total commissions after processing expense)

Example #2
$162.00 total earning (minus - $2.00) business processing fee (minus - $3.00) additional administrative processing expenses = $157.00 (Total commissions after processing expense)

Example #3
$35.00 total earnings (minus - $2.00) business processing fee (minus - $.46) additional administrative processing expenses = $32.54 (Total commissions after processing expense)

CHANGES TO THE DRIVERSHIP – COMPANY APPROVALS
The Company reserves the right to approve or disapprove any Driver 's change of business names, formation of partnerships, corporations, and trusts for tax, estate planning, and limited liability purposes. If the Company approves such a change by the Driver, the organization's name and the names of the principals of the organization must be type written and stapled to the Driver application agreement along with applicable social security number(s) or federal identification number(s).

CONFIDENTIALITY AGREEMENT
Upon request and for a fee, the Company will supply data processing information and reports to the Driver which will provide information to the Driver concerning the Driver's club sales organization, product purchases and product mix. This will be completed on a case by case basis with specific consideration in keeping all Drivers information strictly confidential as much as possible.

The Driver agrees that such information is proprietary and confidential to the Company and is transmitted to the Driver in confidence. The Driver agrees that he or she will not disclose such information to any third party directly or indirectly, nor use the information to compete with the Company directly or indirectly. The Driver and the Company agree that, but for this agreement of confidentiality and nondisclosure, the Company would not provide the above confidential information to the Driver.

INDEMNITY AGREEMENT
Each Driver shall hold harmless the Company from any claims, damages or liabilities arising out of the Driver's business practices. Company Drivers have no authority to bind the Company to any obligation. Each Driver is encouraged to set up his/her own hours and to determine his/her own methods of sale, so long as he/she complies with the policies and procedures of the Company.

In the conduct of its business, the Driver shall safeguard and promote the reputation of the Company and its products and shall refrain from all conduct which might be harmful to such reputation of the Company, or to the marketing of such products, or be inconsistent with the public interest, and shall avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.

II. SPONSORING POLICIES

SPONSOR RESPONSIBILITIES
Any Driver, who sponsors other Drivers, must fulfill the obligation of performing a bona fide supervisory, distributing and selling function in the sale or delivery of product to the ultimate consumer and in the training of those sponsored.

Drivers must have ongoing contact, communication and management supervision with their sale organizations. Examples of such supervision may include, but are not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, training sessions, accompanying individuals to Company training and sharing genealogy information with those sponsored. Drivers should be able to provide written evidence to the Company semiannually of ongoing fulfillment of sponsor responsibilities.

SPONSORING GUIDELINES
Drivers have the right to sponsor others. In addition, every potential Driver has the ultimate right to choose his/her own sponsor. If two Drivers should claim to be the sponsors of the same new Driver, the Company shall regard the first application received by the corporate home office as controlling.

a. As a general rule, it is good practice to regard the first Driver to meaning; fully work with a prospective Driver as having first claim to sponsorship. Basic tenets of common sense and consideration should govern.

b. There is no “magic” involved in the Company or in any business. Those who sponsor widely but who do not help new Drivers develop their business meet with limited success. Therefore, a responsibility of sponsorship is to work with new Drivers, helping them learn the business and encouraging them during the critical early months.

c. Sponsors are not required to carry inventory of products or sales aids for new Drivers. Drivers who do so, however, find building a major sales organization much easier because of the decreased response time in meeting a new Driver’s needs.

INTERNATIONAL SPONSORING
It is expressly forbidden for Drivers to sponsor, sell or distribute product in any country in which the Company is not officially opened.

TRANSFER OF SPONSORSHIP
Transfer is rarely permitted and is actively discouraged. Maintaining the integrity of sponsorship is absolutely mandatory for the success of the overall organization. Transfers will generally be approved in three (3) circumstances only:

I. In the case of unethical sponsoring by the original sponsor. In such cases, the Company will be the final authority.

II. Using the Referral Driver Change form and with the written approval of the immediate five (5) Referral Driver (Upline sponsors), who have the option of determining if the entire Driver Club will also be transferred.

III. Resigning from the Company entirely and waiting three (3) months to reapply under the new sponsor. In Sections I and II above, the individual may be transferred with any Driver Clubs intact; in all other events, the individual alone is transferred without any Driver Clubs Drivers being removed from the original line of sponsorship.

CROSS SPONSORING
The Driver shall not sell or promote to any other Company Drivers, opportunities in marketing programs of other companies. Drivers shall not entice other Company Drivers to switch organizations within the KISS field organization. Such activity may be grounds for termination of Drivership.

III. PURCHASING POLICIES

RETAIL SALES
The program is based upon retail sales to the ultimate consumers. The Company also recognizes that Drivers may wish to purchase product in reasonable amounts for their own personal or family use.

For this reason a Driver retail sale for bonus purposes shall include sales to non-participants as well as sales to Drivers for personal or family use which are not made for purposes of qualification or advancement.

Drivers must fulfill published personal and club retail sales requirements, as well as supervisory responsibilities, to qualify for bonuses, overrides or advancements.

STOCKPLING
It is Company policy to strictly prohibit the purchase of product in large quantities of inventory in unreasonable amounts solely for the purpose of qualifying for bonuses or advancement in the marketing program. All forms of stockpiling or pyramiding are actively discouraged. Drivers may not inventory load nor encourage others in the program to load up on inventory.

 

IV. COMMISSIONS AND BONUSES

To be eligible for monthly override commissions and bonuses, the Driver must comply with: Supervisory responsibility requirements as outlined herein:

I. The Personal Rule which requires Drivers to utilize for personal or family use their Drivership status;

II. The Retail Sales Rule which requires that the Driver be responsible for ongoing retail sales of Company products;

III. The requirement that the Driver’s club has retailed product which has been purchased and sold at wholesale.

The Company shall be entitled to ask for proof or certificate of retailing.

 

V. ADVERTISING & PROMOTIONAL POLICIES

Company Drivers shall not advertise Company products and/or marketing plans except as specifically approved in writing by the Company. Company Drivers agree to make no false or fraudulent representations about the Company, the products, the Company compensation plan, or income potentials.

TRADEMARKS, TRADE NAMES, SERVICE MARKS AND ADVERTISING AGREEMENT
The name of the Company and other names as may be adopted by the Company are proprietary trade names, trademarks and service marks of .the Company. As such, these marks are of great value to the Company and are supplied to Drivers for Driver’s use only in an expressly authorized manner.

The Driver agrees not to advertise the Company product in any way other than the advertising or promotional material made available to the Driver by the Company. The Driver agrees not to use any written, printed, recorded or any other material in advertising, promoting or describing the product or the Company marketing program, or in any other manner, and material which has not been copyrighted and supplied by the Company, unless such material has been submitted to the Company and approved in writing by the Company before being disseminated, published or displayed.

MEDIA INQUIRIES
Any inquiries by the media are to be referred immediately to the Company, where they will then be referred to the Office of the President. This policy is to assure accuracy and consistent public image.

VERBAL AND WRITTEN STATEMENTS
The Driver is fully responsible for all of his/her verbal and written statements made regarding the product and marketing program which are not expressly contained in writing in the current Driver agreement, and advertising or promotional materials supplied directly by the Company.

The Driver agrees to indemnify the Company and hold it harmless from any and all liability including judgments, civil penalties, refund, attorney fees, court costs or lost business incurred by the Company as a result of the Driver's unauthorized representations.

Federal and state regulatory agencies rarely approve or endorse direct selling programs. Therefore, the Driver may not represent that the Company's program has been approved or endorsed by any governmental agency.

USE OF COMPANY MATERIALS
The Company will not permit the use of its copyrights, designs, logos, trade names, trademarks, service marks, etc., without its prior written permission.

All Company materials, whether printed, on film, or produced by sound recording, are copyrighted and may not be reproduced in whole or in part by the Driver or any other person except as authorized by the Company.

Permission to reproduce any materials will be considered only in extreme circumstances. Therefore, the Driver should not anticipate that approval will be granted.

SELF-DEVELOPED MATERIAL
All advertising or promotional materials including, but not limited to, copy, direct mailing, radio, TV, newspaper and display copy must be submitted to the Company and approved in writing before being distributed, published or displayed with the exception of blind ads where no reference is made to the Company name, address and telephone number or product name.

A Company Driver may not produce, use, or distribute any information relative to the contents, characteristics or properties of Company product which has not been provided directly by the Company. This prohibition includes but is not limited to print, audio, or video media.

A Company Driver may not produce, sell or distribute literature, films or sound recordings which are deceptively similar in nature to those produced, published and provided by the Company for its Drivers. Nor may a Driver purchase, sell or distribute non-company materials which imply or suggest that said materials originated from the Company.

BUSINESS CARDS AND STATIONERY
Any printed materials, including business cards and stationery, must be approved in writing by the Company in advance. Criteria for approving these materials will include a judgment regarding the quality of the materials as well as properly setting forth the independent status of the Driver.

TELEPHONE SOLICITATION
The use of the Company's name or copyrighted materials may not be made with automatic calling devices or “boiler room” operations to solicit Drivers. The use of these methods in ways that are legal and are the equivalent of the “blind ads” alluded to above cannot be regulated by the Company.

MAIL, RADIO NEWSPAPER, OR TV SOLICITATION
The use of the Company's name, address or telephone number may not be used to solicit Drivers. The initiator of the advertising must publish his/her own information as an Independent Driver.

REPRESENTATION OF STATUS
In all cases, any reference the Driver makes to himself must clearly set for the Driver’s independent status. For example, if the Driver has a business telephone, the telephone may not be listed under the Company’s name or in any other manner which does not disclose the independent contractor status of the Driver.

PRODUCT CLAIMS
No claims as to unexpected results about the products or services may be made except those officially approved in writing by the Company or as contained in the official Company literature. Such statements can be perceived as unrealistic claims. Not only is this against Company policy, but it is also against the laws governed by most local, state and federal agencies.

INCOME CLAIMS
No false or misleading income projections may be made to prospective Drivers. In their enthusiasm, Drivers are occasionally tempted to represent hypothetical income figures based upon the inherent power of network marketing as actual income projections. This is counterproductive, since new Drivers may be quickly disappointed if their results are not as extensive or as rapid as a hypothetical model would suggest. The Company believes firmly that the income potential is great enough to be highly attractive in reality without resorting to artificial and unrealistic projections.

 

VI. RESIGNATION, SUCCESSION, TRANSFER & TERMINATION POLICIES
VOLUNTARY RESIGNATION
The Driver agreement may be canceled at any time and for any reason by a Driver notifying the Company of his/her desire to cancel. The Drivership will be canceled within 30 days of the Company receiving written notice containing the Driver’s name, Social Security number and Driver username.

If a Driver elects to cancel his/her Driver agreement, all rights to bonuses, marketing position and wholesale purchases cease. The terminated Driver’s sales position shall be transferred to the Company.

SUCCESSION
Upon the death or incapacity of the Driver, his or her rights to bonuses and marketing position, together with Driver responsibilities, shall pass to his or her successors in interest upon written application and approval by the Company. The successor Driver must fulfill all responsibilities of the Driver.

TRANSFER OF DRIVERSHIP
The Driver may not sell, assign or otherwise transfer his/her Drivership, marketing position or other Driver rights without written application and approval by the Company.

The Drivership must be offered in writing first to the Driver’s sponsor. If the sponsor declines the offer, the Driver may offer the Drivership for sale to other qualified Individuals, but only on the same terms and conditions as offered to the sponsor.

A Driver who sells his or her Drivership shall not be eligible to re-qualify as a Driver for a period of at least three months after the sale. The Company reserves the right to review the sale agreement and to verify waiver from the upline sponsor in the event the upline sponsor declines to purchase the Drivership.

INVOLUNTARY TERMINATION
The Company reserves the right to terminate any Drivership at any time for cause when it is determined that the Driver has violated the provisions of the Driver agreement, including the provisions of these policies and procedures as they may be amended or the provisions of applicable laws and standards of fair dealing. Such involuntary termination shall be made by the Company at its discretion. Upon an involuntary termination, the Company shall notify the Driver by certified mail to the Driver's address on file with the Company. In the event of a termination, the terminated Driver agrees to immediately cease representing itself as a Driver.

APPEAL OF INVOLUNTARY TERMINATION
The Driver will have 15 days from the date of mailing of the certified letter in which to appeal the termination in writing. The Driver's appeal correspondence must be received by the Company within 20 days of the Company's termination letter. If the appeal is not received within the 20-day period, the termination will be automatically deemed final.

If the Driver files a timely appeal of termination, the Company will review and reconsider the termination, consider any other appropriate action, and notify the Driver of its decision. The decision of the Company will be final and subject to no further review. In the event the termination is not rescinded, the termination will be effective as of the date of the Company's original termination notice.

 

VII. PURCHASE & PRICE CHANGE POLICIES

Refund Policy
The Kiss Identity program offers no refunds on product purchases. Our program has implemented the instant payment notification system, allowing images and commissions to be downloaded immediately after placing the product order purchase. Without any exception we have a NO Refund Policy. For this reason we strongly recommend and encourage that before final payment, our visitors, customers and drivers read all information about Products, Company and Membership opportunities within the enrollment process pages. Additionally we offer a FAQ section that will likewise help people better understand and decide on product purchasing.

CHARGE BACK
A Driver can cancel their subscription or order at anytime. However, if they cancel after the initial product or after monthly product on auto ship has been placed the driver will receive KiSS products without refund opportunity see section VII. Once a Driver cancels his/her subscription, the Company may, at its discretion, debit 100% of the paid commissions or bonuses which may apply (the bonus a Driver sponsor receives for the subscription level of his/her first level Driver) to the Driver's referral driver.

 

VIII. GENERAL POLICIES

This statement of policies and procedures is incorporated into the Driver agreement and constitutes the entire agreement of the parties regarding their business relationship. These Policies & Procedures supersede previous Policies & Procedures.

AMENDMENTS
The Company expressly reserves the right to alter or amend prices, rules and regulations, policies and procedures, product availability and compensation plan.

WAIVER
The Company never gives up its right to insist on compliance with these rules or with the applicable laws governing the conduct of a business. This is true in all cases, both specifically expressed and implied, unless an officer of the Company who is authorized to bind the Company in contracts or agreements specifies in writing that the Company waives any of these provisions. In addition, any ' time the Company gives permission for a breach of the rules, that permission does not extend to future breaches. This provision deals with the concept of “waiver,” and the parties agree that the Company does not waive any of its rights under any circumstances short of the written confirmation alluded to above.

GOVERNING LAW
These rules are reasonably related to the laws of the state of Utah and shall be governed in all respects thereby. The parties agree that jurisdiction and venue shall lie with the place of acceptance of the Driver application, the state of Utah.

PARTIAL VALIDITY
Should any portion of these Rules and Regulations, of the Driver's application and agreement, or of any other instruments referred to herein or issued by the Company be declared invalid by a court of competent jurisdiction, the balance of such rules, applications, or instruments shall remain in full force and effect.