Code of ethics plays a very important role between MAXEN HAWK and an INDEPENDENT BUSINESS ASSOCIATE (IBA). For any business development some principles are required for smooth working and to avoid any intentional or unintentional step by anyone.
1.1. Under the IBA contract, IBAs receive benefits including: the right to purchase and sale the products; the right to sponsor others to become IBAs; the right to qualify for bonuses under the MAXEN HAWK INDEPENDENT BUSINESS ASSOCIATE Compensation plan.
1.2. ALL IBAs and MAXEN HAWK share a competitive business interest in maintaining and protecting these assets and interests. The Rules provide important safeguards for IBAs and Maxen Hawk in this regard, as well as contractual rights and obligations.
2. Becoming an INDEPENDENT BUSINESS ASSOCIATE (IBA)
2.1. Registration Agreement: To become an authorized IBA capable of merchandising products and services offered through or by Maxen Hawk and registering other IBAs, an applicant must be 18 years of age, complete and sign the IBA Registration Agreement. An IBA Registration Agreement may be completed and signed in one of the following ways: (a) Fill the hard copy of registration agreement with signature (b) Fill the Registration form available on website with full details.
2.2. Acceptance or Rejection of IBA Registration Agreement: Maxen Hawk reserves the right to accept or reject any IBA Registration Agreement. A registration shall be considered accepted by Maxen Hawk when it receives a completed and signed IBA Registration Agreement in accordance with Rule 3.1.
2.3. IBA Contract Termination: Maxen Hawk has all rights to terminate IBA contract without any prior notice.
2.4. Death and Inheritance: An IBA can be passed on to a deceased IBA’s spouse, heirs, or other beneficiary.
2.4.1. In cases where the IBA is owned jointly, such as a husband and wife or partnership, and one spouse or partner dies, unless they have previously arranged otherwise, Maxen Hawk will recognize the surviving spouse or partner(s) as the owner(s) of the IBA. The survivor(s) must forward a certified copy of the death certificate in order for Maxen Hawk to change its records.
2.4.2. If there is no qualified IBA in a position to operate an IBA due to probate or other court procedures, Maxen Hawk will have the option of entering into a servicing agreement with another IBA, preferably upline in the Line Of Sponsorship, to manage an IBA until the proceedings are complete.
2.5. All applications must be sponsored by an existing authorized IBA.
2.6.1. An IBA can form legal partnerships; in such case registration would be in the name of the firm.
2.6.2. A copy of the partnership deed and PAN card should be submitted along with the application form.
2.6.3. The liability of the partners would be joint and several, Bonus payment would be in the name of the firm.
2.6.4. Maxen Hawk will communicate with only one nominated partner.
3. Obligations and Responsibilities
3.1. Duty of Good Faith: Under the terms of the IBA Contract, Maxen Hawk and all IBAs agree to perform their obligations in accordance with the duty of good faith and fair dealing.
3.2. Unsolicited Electronic Messages: No IBA shall send, transmit, or otherwise communicate any unsolicited electronic messages relating to Maxen Hawk, its business opportunity, products or services to persons with whom the IBA does not have a pre-existing personal or business relationship. (This includes, but is not limited to, sending messages through newsgroups, purchased mailing lists, “safe lists,” or other lists of individuals or entities with whom or which an IBA does not have a pre existing relationship.)
3.3. Advertising: IBAs may advertise only with the express approval of Maxen Hawk in writing.
3.4. Retail Establishments: An IBA who works in or owns a retail establishment must operate his or her IBA separate and apart from the retail establishment. No IBA shall permit products, services or literature offered through or by Maxen Hawk to be sold or displayed in retail establishments, including, but not limited to, places like schools, fairs, vending machines, unauthorized internet websites, military stores, salons or professional offices.
3.5. Statements about Products, Services, and the Opportunity: An IBA shall make only truthful and accurate statements about the business opportunity, products and services offered through or by Maxen Hawk.
3.6. Repackaging: Products offered through or by Maxen Hawk are to be sold only in their original packages and in their original formulations. IBAs may not repackage products or otherwise change or alter any of the packaging, labels or materials of products offered through or by Maxen Hawk.
3.7. Compliance with Applicable Laws, Regulations and Codes: IBAs shall comply with all laws, regulations, and codes that apply to the operation of their IBA wherever said business may be conducted. IBAs shall not directly or indirectly encourage, or aid and abet any person to violate any laws, regulations, codes, or term of the IBA Contract. No IBA may operate any illegal or unlawful business enterprise, or engage or participate in any deceptive, illegal or unlawful trade practices.
3.8. IBA Relationship: IBAs are independent contractors. IBAs shall not state or imply that they are employees, agents or legal representatives of Maxen Hawk, its affiliates, and/or other IBAs. IBAs shall not represent or imply, either directly or indirectly, that registration creates an employment relationship between themselves and the IBAs whom they have sponsored or who have sponsored them.
3.9. Enticement to Change Position in the Line of Sponsorship: Under no circumstances shall an IBA, directly or indirectly, solicit, assist, and attempt to induce, or encourage, another IBA to request a change in position in the Line of Sponsorship.
3.10. Exporting: IBAs shall not export products or services offered through or by Maxen Hawk, In case of requirement prior Maxen Hawk approval is required.
3.11. Fund-raising: No IBA shall use Maxen Hawk products or services in conjunction with any type of fund-raising activity. Maxen Hawk has all rights reserved to terminate IBA if found in any illegal activity as per the constitution of India.
3.12. Personal/Business Information Update: All IBAs are responsible for communicating any updates or changes to their personal information (e.g., name, address, email address and telephone numbers, etc.) or business information (e.g., business name, address, email address, telephone numbers, addition/deletion of partner, change of business status, etc.) to Maxen Hawk.
4. Presentation of the Plan, Support and Sponsoring
4.1. Inviting: When inviting a Prospect to hear a presentation of the Plan, an IBA must make it clear that what is being described or offered is the Plan.
4.2. Describing the Plan: When describing the Plan: (a) an IBA’s statements must be truthful, accurate and not misleading; (b) the roles of a balanced business (retail sales, personal use and sponsoring) must be accurately described; and (c) all income representations must be limited to income from the Plan, based on actual experience or from Maxen Hawk-authorized materials, and provide realistic income potential.
4.3. Prohibited Sponsoring Practices: In seeking participation of a Prospect in the Plan, an IBA:
4.3.1. Must not say or imply that a successful IBA can be built in the form of a wholesale buying category.
4.3.2. Must not say or imply that there is no requirement for the retail sale or marketing of products by IBAs.
4.3.3. Must not encourage a Prospect to purchase anything not included with the Business Services and Support fee specified in the IBA Registration Agreement and must not encourage the purchase of a product or service not identified on the IBA Registration Agreement.
4.3.4. Must not register or sponsor new IBAs in a way that manipulates the new IBA’s position in the Line of Sponsorship.
4.3.5. Maxen Hawk reserves the right to change or alter the Business Plan or product range, at anytime without any assigning reason what so ever.
5. Preservation of the Line of Sponsorship
5.1.Cross-Group Buying or Selling and sponsoring: Maxen Hawk has right to terminate IBA if he/she found in any illegal sponsorship from any cross group unless and until IBA prove his/her will to join in any other group. For this (a) he/she has to send notary attest self declaration with valid reason to switch to another group at H.O. (b) signature by his/her future up line to welcome he/she in her/his group to H.O.(c)current existing upline he/she signature on same notary attest papers(d)If this decision take place than it cannot be reversed for minimum next six months.(e) For group transfer same condition is applied as of individual IBA. (f) Maxen Hawk reserves the right to terminate the offending IBA at its own discretion.
5.2. Any IBA may opt to resign from his/her membership by giving a written notice to the Maxen Hawk whereby downlines will be transferred to the upline/sponsor.
5.3. Other Business Activities: IBAs may engage in other business ventures, including other selling activities, involving products, services, or business opportunities but Every IBAs agrees not to own, manage, operate, consult for, serve in a Key Position in, or participate as an independent distributor in (a) any other direct sales program using a multilevel or network marketing structure, or (b) any other enterprise that markets, through independent distributors, products or services functionally interchangeable with those offered through or by Maxen Hawk. Maxen Hawk completely reserves its rights to terminate an IBA from Maxen Hawk if he/she found guilty in it.
6. Success Business Mechanism (SBM)
Successful Business Mechanism (or “SBM”) as used in these Rules means all products and services (including but not limited to books, magazines, and other printed material, online literature, advertising, audio, video or digital media, meetings, and educational seminars, and other types of materials and services) that are
(i) designed to educate Prospects, Customers, or prospective Customers of Maxen Hawk products or services, or to support, train, motivate, and/or educate IBAs, or (ii) incorporate or Use one or more of the Marks or Copyrighted Works of Maxen Hawk, or (iii) are otherwise offered with an explicit or implied sense of affiliation, connection, or association with Maxen Hawk. Unless otherwise specified in writing, IBAs acknowledge that nothing in this Rule, or in any other Rule, shall be interpreted as a license or other permission to incorporate any Line of Sponsorship Information into any SBM.