11. Company Refund Policy and Errors and Omissions

A. Retail Customer Return Policy Guidelines

PrimeMyBody offers a thirty-day (30-day) satisfaction guarantee (less shipping and handling) to all retail Customers. Within the first 30 days from the purchase date if you are not satisfied with your product purchase, you may return the unused product for a full refund less shipping and handling. One refund per product per year. If a retail Customer purchased the product from a PrimeMyBody Independent Brand Partner, the Customer must return the unused product to that Independent Brand Partner for a refund, replacement or exchange, please see B. Independent Brand Partner’s Responsibilities for Customer Refund Policy. If the Customer purchased the product directly from PrimeMyBody, the product should be returned to PrimeMyBody by following the requirements listed below:

(1) Obtain a Return Merchandise Authorization (RMA) number by contacting PrimeMyBody Support during the thirty-day (30-day) window by submitting a claim via your Support Portal. Notify PrimeMyBody Support what products are being returned and include an order number and date. The RMA number must be written on the exterior of each carton returned. RMAs are valid for fourteen (14) days from the date of issue.

(2) Return the product and the completed and signed RMA form to PrimeMyBody at the address found on the RMA form. Proper shipping carton(s) and packing materials are to be used in packaging the product(s) being returned. PrimeMyBody will not refund any product that is delivered damaged. All returns must be shipped to the address found on the RMA form. Shipping costs are the responsibility of the Customer returning the product. PrimeMyBody will refuse any return shipments sent shipping collect or COD. It is recommended that you chose a shipping method that allows tracking and delivery confirmation. PrimeMyBody is not responsible for lost or misdirected shipments. PrimeMyBody will not issue a refund for product that they do not receive. It is the responsibility of the Customer to trace, insure or otherwise confirm that PrimeMyBody has received the shipment. PrimeMyBody will not accept any returns without a RMA number on the exterior of the package.

(3) All procedures and requirements listed here and on the RMA form need to be followed in order to receive a refund, exchange or replacement. Refunds will be issued to the credit card used to place the order. Please allow thirty-days (30-days) for processing of all refunds, credit card or cash.

(4) Refunds issued do not include shipping and handling costs. Refunds are based on the purchase price of the product.

(5) PrimeMyBody will recoup any commissions or other compensation paid when the product that generated that compensation is returned. In order to do so, we will deduct the outstanding amount prior to paying you any further commissions. If your bonus check is insufficient to allow us to recover the compensation through a deduction, PrimeMyBody will deduct the compensation amount from the refund amount owed to you.

(6) Any product returned to PrimeMyBody that does not meet these requirements will not be refunded. PrimeMyBody will hold product for thirty (30) days before disposing of. It is the responsibility of the Retail Customer to make arrangements for the return of said product. PrimeMyBody will not pay any return shipping charges, all shipping charges will be the responsibility of the Customer.

(7) All refunds will be processed once we have received the product that you are requesting to be refunded.

(8) The ONE80 system is not eligible for the Customer Refund Policy. Only unopened, resalable, marketable ONE80 systems will be accepted for refund.

B. Independent Brand Partner’s Responsibilities for Customer Refunds

When you sell products at retail, you are the primary party responsible for your Customer. It is your responsibility to verbally notify any retail Customer of PrimeMyBody’s Retail Customer Return Policy. PrimeMyBody offers a thirty-day (30-day) satisfaction guarantee refund policy to all retail Customers. The retail Customer must come to you for either a replacement product or for a refund. You make the product exchange or refund, and then you obtain a replacement product from PrimeMyBody for the returned product. For all returns, exchanges or replacements, shipping costs will be the Independent Brand Partner’s responsibility. Within the first 30 days from the purchase date if your Customer is not satisfied with their product purchase, they may return the unused product for a full refund less shipping and handling. One refund per product per year. Independent Brand Partner is subject to suspension and / or termination for refusing to refund, exchange or replace a retail Customer requested return. In the event that PrimeMyBody must reimburse a dissatisfied retail Customer on the behalf of an Independent Brand Partner, refunds will be deducted from commissions and you may be subject to disciplinary action. All PrimeMyBody Independent Independent Brand Partners need to follow the following guidelines to receive a refund or replacement product from PrimeMyBody.

(1) Obtain a Return Merchandise Authorization (RMA) number by contacting PrimeMyBody Support during the thirty-day (30-day) window by submitting a claim via your Support Portal. Notify PrimeMyBody Support the name of the retail Customer, what products are being returned and include an order number and date. A copy of the original sales receipt will be required with the return shipment. The RMA number must be written on the exterior of each carton returned.

RMAs are valid for fourteen (14) days from the date of issue.

(2) Return the product and the completed and signed RMA form to PrimeMyBody at the address found on the RMA form. Please include a copy of the original sales receipt. Proper shipping carton(s) and packing materials are to be used in packaging the product(s) being returned. PrimeMyBody will not refund any product that is delivered damaged. All returns must be shipped to the address found on the RMA form. Shipping costs are the responsibility of the Independent Brand Partner returning the product. PrimeMyBody will refuse any return shipments sent shipping collect or COD. It is recommended that you choose a shipping method that allows tracking and delivery confirmation. PrimeMyBody will not issue a refund for product that they do not receive. PrimeMyBody is not responsible for lost or misdirected shipments. It is the responsibility of the Independent Brand Partner to trace, insure or otherwise confirm that PrimeMyBody has received the shipment. PrimeMyBody will not accept any returns without a RMA number on the exterior of the package.

(3) All procedures and requirements listed here and on the RMA form need to be followed in order to receive a refund, exchange or replacement. Refunds will be issued to the credit card used to place the order. Please allow thirty-days (30-days) for processing of all refunds.

(4) Refunds issued do not include shipping and handling costs. Refunds are based on the purchase price of the product.

(5) PrimeMyBody will recoup any commissions or other compensation paid when the product that generated that compensation is returned. In order to do so, we will deduct the outstanding amount prior to paying you any further commissions. If your bonus check is insufficient to allow us to recover the compensation through a deduction, PrimeMyBody will deduct the compensation amount from the refund amount owed to you.

(6) Any product returned to PrimeMyBody that does not meet these requirements will not be refunded. PrimeMyBody will hold said product for thirty (30) days before disposing of. It is the responsibility of the Independent Brand Partner to make arrangements for the return of said product. PrimeMyBody will not pay any return shipping charges, all shipping charges will be the responsibility of the Independent Brand Partner.

(7) All refunds will be processed once we have received the product that you are requesting to be refunded.

(8) The ONE80 system is not eligible for the Customer Refund Policy. Only unopened, resalable, marketable ONE80 systems will be accepted for refund.

C. Dispute Resolution

In the event of a dispute between you and your retail Customer, PrimeMyBody will determine the facts and resolve the issue. That resolution will be final and not open to appeal. An Independent Brand Partner is subject to suspension and / or termination for refusing to refund, exchange or replace a retail Customer requested return. If we elect to make a refund to the retail Customer to resolve the dispute, we will deduct the refunded amount from your future commissions.

D. Repetitive Returns or Replacement Policy

We reserve the right to reject repetitive returns or replacements. If an Independent Brand Partner returns or refuses their SmartShip, PrimeMyBody will cancel the Independent Brand Partner’s SmartShip.

E. Compensation Adjustment on Returned Items

PrimeMyBody reserves the right to recoup any commissions or other compensation paid when the product that generated that compensation is returned. In order to do so, we may deduct the outstanding amount prior to paying you any further commissions. If your commission is insufficient to allow us to recover the compensation through a deduction, PrimeMyBody will deduct the compensation amount from the refund amount owed to you.

F. Return of Marketing Materials, Promotional Items and Sales Kits

The Independent Brand Partner may return unused and unopened marketing materials, promotional items or sales kits if purchased within the previous forty-five (45) days. You may only return items that you personally purchased from PrimeMyBody. The refund shall be in the amount of no less than ninety percent (90%) of the Independent Brand Partner’s original net cost less, shipping / handling costs, appropriate set-offs and legal claims, if any. Items will not be accepted for a refund, if the Company clearly discloses to the Independent Brand Partners prior to purchase that the products are seasonal, discontinued, or special promotional products and are not subject to the repurchase obligation.

All PrimeMyBody Independent Brand Partners need to follow the following guidelines to receive a refund from PrimeMyBody.

(1) Notify PrimeMyBody Support by submitting a ticket via your support portal requesting a refund for marketing materials, promotional items or sales kits purchased within the previous forty-five (45) days. A copy of the original sales receipt will be required with the return shipment. Please state the reason for the refund.

(2) Notify PrimeMyBody Support what items are being returned and include an order number and date. The RMA number must be written on the exterior of each carton returned. RMAs are valid for fourteen (14) days from the date of issue.

(3) The items being returned must be in their original packaging, in a marketable condition, unopened, unaltered (no stickers or labels) and resalable.

(4) Return the items and the completed and signed RMA form to PrimeMyBody at the address found on the RMA form. Please include a copy of the original sales receipt. Proper shipping carton(s) and packing materials are to be used in packaging the items(s) being returned. PrimeMyBody will not refund any marketing materials, promotional item or sales kits that are delivered damaged or not in a marketable condition. All returns must be shipped to the address found on the RMA form. Shipping costs are the responsibility of the Independent Brand Partner returning the items. PrimeMyBody will refuse any return shipments sent shipping collect or COD. It is recommended that you choose a shipping method that allows tracking and delivery confirmation. PrimeMyBody is not responsible for lost or misdirected shipments. PrimeMyBody will not issue a refund for product that they do not receive. It is the responsibility of the Independent Brand Partner to trace, insure or otherwise confirm that PrimeMyBody has received the shipment. PrimeMyBody will not accept any returns without a RMA number on the exterior of the package.

(5) All procedures and requirements listed here and on the RMA form need to be followed in order to receive a refund. Refunds will be issued by Company check. If original order was placed using cash, refunds will be issued by Company check, please allow thirty (30) days for processing of all refunds, credit cards or cash.

(6) Refunds issued do not include shipping and handling costs. Refunds are based on the purchase price of the product.

(7) PrimeMyBody will recoup any compensation paid when the items that generated that compensation are returned. In order to do so, we will deduct the outstanding amount prior to paying you any further commissions. If your commission check is insufficient to allow us to recover the compensation through a deduction, PrimeMyBody will deduct the compensation amount from the refund amount owed to you.

(8) Any items returned to PrimeMyBody that do not meet these requirements will not be refunded. PrimeMyBody will hold said items for thirty-days (30) before disposing of. It is the responsibility of the Independent Brand Partner to make arrangements for the return of said items. PrimeMyBody will not pay any return shipping charges, all shipping charges will be the responsibility of the Independent Brand Partner.

(9) Upon receipt of unused, resalable items, PrimeMyBody will reimburse you ninety percent (90%) of the net cost of the last purchase price or as otherwise required by law.

(10) If the order was placed and processed through the merchant account and NOT shipped, then PrimeMyBody will cancel the order per Customer’s request. The refund shall be in the amount of no less than ninety percent (90%) of the Customer’s cost and appropriate set-offs and legal claims, if any.

G. Resignation Returns

An Independent Brand Partner who terminates his or her business relationship with PrimeMyBody has the right to return for repurchase currently marketable, unopened and not used inventory, in possession of the Independent Brand Partner and purchased by the Independent Brand Partner for resale. You may only return product inventory that you personally purchased from PrimeMyBody for resale. The Independent Brand Partner may return unused, resalable inventory purchased within the previous 90 days, based on the Seventy Percent (70%) Resale Rule guidelines. The refund shall be in the amount of no less than ninety percent (90%) of the Independent Brand Partner’s original net cost less, shipping / handling costs, appropriate set-offs and legal claims, if any. In addition, for purposes of this section, products shall not be considered “currently marketable” if returned for repurchase after the product’s commercially reasonable usable or shelf life period has passed; nor shall products be considered “currently marketable” if the Company clearly discloses to the Independent Brand Partners prior to purchase that the products are seasonal, discontinued, or special promotional products and are not subject to the repurchase obligation.

PrimeMyBody will consider any request for refund of an initial order package as the resignation of the Independent Brand Partner and their position with PrimeMyBody. Refunds of other products purchased will not be considered a resignation refund. All refunds are subject to our refund policy.

Promotional materials, marketing materials, sales aids and kits can only be returned for a resignation refund if purchased within the previous forty-five (45) days. All PrimeMyBody Independent Brand Partners need to follow the following guidelines to receive a refund from PrimeMyBody.

(1) Notify PrimeMyBody Support by submitting a ticket via your support portal requesting a resignation refund for products purchased within the previous 90 days. No exceptions. A copy of the original sales receipt will be required with the return shipment. Please state the reason for your resignation.

(2) Notify PrimeMyBody Support what products are being returned and include an order number and date. The RMA number must be written on the exterior of each carton returned. RMAs are valid for fourteen (14) days from the date of issue.

(3) The product being returned must be in its original packaging, in a marketable condition, unopened, unaltered (no stickers or labels) and resalable.

(4) Return the product and the completed and signed RMA form to PrimeMyBody at the address found on the RMA form. Please include a copy of the original sales receipt. Proper shipping carton(s) and packing materials are to be used in packaging the product(s) being returned. PrimeMyBody will not refund any product that is delivered damaged or not in a marketable condition. All returns must be shipped to the address found on the RMA form. Shipping costs are the responsibility of the Independent Brand Partner returning the product. PrimeMyBody will refuse any return shipments sent shipping collect or COD. It is recommended that you choose a shipping method that allows tracking and delivery confirmation. PrimeMyBody is not responsible for lost or misdirected shipments. It is the responsibility of the Independent Brand Partner to trace, insure or otherwise confirm that PrimeMyBody has received the shipment. PrimeMyBody will not accept any returns without a RMA number on the exterior of the package.

(5) All procedures and requirements listed here and on the RMA form need to be followed in order to receive a resignation refund. Refunds will be issued by Company check. If original order was placed using cash, refunds will be issued by Company check, please allow thirty (30) days for processing of all refunds, credit cards or cash.

(6) Refunds issued do not include shipping and handling costs. Refunds are based on the purchase price of the product.

(7) PrimeMyBody will recoup any commissions or other compensation paid when the product that generated that compensation is returned. In order to do so, we will deduct the outstanding amount prior to paying you any further commissions. If your commission check is insufficient to allow us to recover the compensation through a deduction, PrimeMyBody will deduct the compensation amount from the refund amount owed to you.

(8) Any product returned to PrimeMyBody that does not meet these requirements will not be refunded. PrimeMyBody will hold said product for thirty (30) days before disposing of. It is the responsibility of the Independent Brand Partner to make arrangements for the return of said product. PrimeMyBody will not pay any return shipping charges, all shipping charges will be the responsibility of the Independent Brand Partner.

(9) Upon receipt of unused, resalable items, PrimeMyBody will reimburse you ninety percent (90%) of the net cost of the last purchase price or as otherwise required by law.

(10) If the order was placed and processed through the merchant account and NOT shipped, then PrimeMyBody will cancel the order per Customer’s request. The refund shall be in the amount of no less than ninety percent (90%) of the Customer’s cost and appropriate set-offs and legal claims, if any.

(11) The enrollment fee of $39 is non-refundable.

H. 70% Resale Rule / Repurchase or Refunds Guidelines

We will not repurchase products or issue refunds on products certified as having been consumed or sold under the 70% Resale rule. Falsely representing the amount of product sold or consumed in order to advance in the marketing plan will be grounds for termination.

I. Damaged Returns

Any damages to the product, as the result of negligent packaging or improper shipping for the return shipment shall be your sole responsibility. PrimeMyBody will not refund any product that is delivered damaged or not in a marketable condition.

J. Per State Buy-Back Policy Guidelines

In some states there is a statute or regulation that provides for a different Buy-Back policy. PrimeMyBody conforms to all such laws: In Georgia: We will repurchase all unencumbered products, sales aids, literature, and promotional items which are in a reasonably resalable or reusable condition and which were acquired by the participant from PrimeMyBody. The repurchase shall be at a price not less than 90% of the original net cost to the participant of the goods being returned. For the purpose of this paragraph, “original net cost” means the amount actually paid by the participant for the goods, less any consideration received by the participant for purchase of the goods that is attributable to the specific goods now being returned. Goods shall be deemed “resalable or reusable” if the goods are in an unused, commercially resalable condition at the time the goods are returned to PrimeMyBody. Goods that are no longer marketed by PrimeMyBody shall be deemed “resalable or reusable” if the goods are in an unused, commercially resalable condition and are returned to PrimeMyBody within one year from the date the company discontinued marketing the goods; provided, however, that goods which are no longer marketed shall be deemed not “resalable or reusable” if the goods are sold to participants as non-returnable, discontinued, or seasonal items and the non-returnable, discontinued, or season nature of the goods was clearly disclosed to the participant seeking to return the goods prior to the purchase of the goods by the participant.

In Maryland, Montana, Puerto Rico, Oklahoma and Texas: On written request from the purchaser, and not later than the first anniversary of the purchaser’s date of purchase, all unencumbered products that are in an unused, commercially resalable condition at a price not less than 90% of the amount actually paid by the purchaser for the products being returned, less any consideration received by the purchaser for purchase of the products being returned. A product that is no longer marketed by PrimeMyBody is considered resalable if the product is otherwise in an unused, commercially resalable condition and is returned to the seller not later than the first anniversary of the purchaser’s date of purchase, except that the product is not considered resalable if before the purchaser purchased the product it was clearly disclosed to the purchaser that the product was sold as a non-returnable, discontinued, seasonal, or special promotion item. In Massachusetts and Wyoming: We will repurchase all unencumbered products in a resalable condition then in the possession of the participant. The repurchase shall be at a price of not less than 90% of the original net cost to the participant returning such goods, taking into account any sales made by or through such participant prior to notification to the company of the election to cancel. In Louisiana: We will repurchase all or part of any product that are in a resalable condition at 85% of the original net cost to you, and repay 85% of the original net cost of any services provided to you, and refund 90% of any other consideration you paid to us in order to participate in the marketing program.

K. Circumstances Beyond PrimeMyBody’s Control

PrimeMyBody shall not be responsible for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, death, curtailment of a party’s source of supply, or government decrees or orders.

L. 60-Day Notification Policy

If an Independent Brand Partner has questions about or believes any errors have been made regarding commissions, bonuses, Downline Activity Reports, orders or charges, the Independent Brand Partner must notify PrimeMyBody in writing within 60 days of the date of the purported error or incident in question. PrimeMyBody will not be responsible for any errors, omissions or problems not reported to the Company within 60 days. Any commission check(s) that needs to be re-issued will be charged a $35.00 fee per check.

M. Change of Address, Telephone, and E-Mail Addresses

To ensure timely delivery of products, support materials, and commission checks, it is critically important that PrimeMyBody’s files are current. Street addresses are required for shipping since UPS cannot deliver to a post office box. Independent Brand Partners planning to change their e-mail address or move must send their new address and telephone numbers to PrimeMyBody’s Corporate Offices to the attention of the PrimeMyBody Support Department. To guarantee proper delivery, two weeks advance notice must be provided to PrimeMyBody on all changes. Any shipments returned to PrimeMyBody using the current address in the back office, and that address is incorrect or not current, any reshipping and handling charges will be charged back to the PrimeMyBody Independent Brand Partner. Any commission check(s) that needs to be re-issued due to an incorrect address, will be charged a $35.00 fee per check.