Common use of Qualification Requirements Clause in Contracts

Qualification Requirements. No feature of the Magneceutical Health opportunity constitutes a personal purchase requirement to become an ADVISOR, move up in rank or otherwise fully participate in the Compensation Plan. The Compensation Plan is built on retail sales to Customers. Magneceutical Health recognizes that ADVISORs may wish to purchase one or more of the products for personal or family use. Pursuant to Magneceutical Health's Terms and Conditions and Policies and Procedures, the purchase of products primarily as an attempt to qualify for advancement in the Compensation Plan is not permitted. ADVISORs are prohibited from representing that there is any obligation to personally purchase products, literature or sales aids to join, move up in rank or earn bonuses under the Compensation Plan. a) Qualification for WELLNESS ADVISOR TRAINEE (WT) The Magneceutical Health entry position is a WELLNESS ADVISOR TRAINEE (WT). This position allows a person to become an Independent distributor with Magneceutical Health and to enjoy the Magneceutical Health business opportunity (that is, to start making sales to Customers and to build a business) without purchasing a Magneceutical Health system. If an ADVISOR does not make the optional product purchase at the time of agreeing to the ADVISOR Agreement, he or she is classified as an WT. b) Qualification for WELLNESS ADVISOR (WA) To become a new WA, a distributor must have a “training / qualifying sale” and at least One (1) Personal Subscription Point ( or PSP, as defined below). A training / qualifying sale constitutes either a HALO system sale to a customer or an “optional product purchase”. The “qualifying sale” allows the WT the ability to start making sales to customers and to build their business, if they choose to do so. The case of the applicant who elects to make the optional purchase at the same time as becoming a WT, their personal purchase would be considered the “first sale” or “qualifying sale” at which point the applicant becomes an WA. Once an ADVISOR has made the “qualifying” sale, all subsequent orders will be calculated as usual and the bonuses will be paid in favor of the ADVISOR making the sale. This “qualifying / training” sale creates equality for all, whether or not a person purchases a Magneceutical Health device right away and signs up as an WT or a person elects to become an WT distributor first, and then purchases a Magneceutical Health product (i.e., a HALO system) later, if ever.

Qualification Requirements. No feature of the Magneceutical Health opportunity constitutes a personal purchase requirement to become an ADVISOR, move up in rank or otherwise fully participate in the Compensation Plan. The Compensation Plan is built on retail sales to Customers. Magneceutical Health recognizes that ADVISORs may wish to purchase one or more of the products for personal or family use. Pursuant to Magneceutical Health's Terms and Conditions and Policies and Procedures, the purchase of products primarily as an attempt to qualify for advancement in the Compensation Plan is not permitted. ADVISORs are prohibited from representing that there is any obligation to personally purchase products, literature or sales aids to join, move up in rank or earn bonuses under the Compensation Plan. a) Qualification for WELLNESS ADVISOR TRAINEE (WT) The Magneceutical Health entry position is a WELLNESS ADVISOR TRAINEE (WT). This position allows a person to become an Independent distributor with Magneceutical Health and to enjoy the Magneceutical Health business opportunity (that is, to start making sales to Customers and to build a businessearn bonuses) without purchasing a Magneceutical Health system. If an ADVISOR does not make the optional product purchase at the time of agreeing to the ADVISOR Agreement, he or she is classified as an WT. b) Qualification for WELLNESS ADVISOR (WA) To become a new WA, a distributor must have a “training / qualifying sale” and at least One (1) Personal Subscription Point ( or PSP, as defined below)”. A training / qualifying sale constitutes either a HALO system sale to a customer or an “optional product purchase”. The “qualifying sale” allows the WT the ability to start making sales to customers and to build their businessearn bonuses, if they choose to do so. The case of the applicant who elects to make the optional purchase at the same time as becoming a WT, their personal purchase would be considered the “first sale” or “qualifying sale” at which point the applicant becomes an WA. Once an ADVISOR has made the “qualifying” sale, all subsequent orders will be calculated as usual and the bonuses will be paid in favor of the ADVISOR making the sale. This “qualifying / training” sale creates equality for all, whether or not a person purchases a Magneceutical Health device right away and signs up as an WT WA or a person elects to become an WT distributor first, and then purchases a Magneceutical Health product (i.e., a HALO system) later, if ever.

Qualification Requirements. No feature of the Magneceutical Health opportunity constitutes a personal purchase requirement to become an ADVISOR, move up in rank or otherwise fully participate in the Compensation Plan. The Compensation Plan is built on retail sales to Customers. Magneceutical Health recognizes that ADVISORs may wish to purchase one or more of the products for personal or family use. Pursuant to Magneceutical Health's Terms and Conditions and Policies and Procedures, the purchase of products primarily as an attempt to qualify for advancement in the Compensation Plan is not permitted. ADVISORs are prohibited from representing that there is any obligation to personally purchase products, literature or sales aids to join, move up in rank or earn bonuses under the Compensation Plan. a) Qualification for WELLNESS ADVISOR TRAINEE ▇▇▇▇▇▇▇ (WT) The Magneceutical Health entry position is a WELLNESS ADVISOR TRAINEE (WT). This position allows a person to become an Independent distributor with Magneceutical Health and to enjoy the Magneceutical Health business opportunity (that is, to start making sales to Customers and to build a businessearn bonuses) without purchasing a Magneceutical Health system. If an ADVISOR does not make the optional product purchase at the time of agreeing to the ADVISOR Agreement, he or she is classified as an WT. b) Qualification for WELLNESS ADVISOR (WA) To become a new WA, a distributor must have a “training / qualifying sale” and at least One (1) Personal Subscription Point ( or PSP, as defined below)”. A training / qualifying sale constitutes either a HALO system sale to a customer or an “optional product purchase”. The “qualifying sale” allows the WT the ability to start making sales to customers and to build their businessearn bonuses, if they choose to do so. The case of the applicant who elects to make the optional purchase at the same time as becoming a WT, their personal purchase would be considered the “first sale” or “qualifying sale” at which point the applicant becomes an WA. Once an ADVISOR has made the “qualifying” sale, all subsequent orders will be calculated as usual and the bonuses will be paid in favor of the ADVISOR making the sale. This “qualifying / training” sale creates equality for all, whether or not a person purchases a Magneceutical Health device right away and signs up as an WT WA or a person elects to become an WT distributor first, and then purchases a Magneceutical Health product (i.e., a HALO system) later, if ever.

Qualification Requirements. No feature (a) Except as otherwise set forth in this Agreement, Vendor shall only furnish, or cause or permit to be furnished, all or any part of the Magneceutical Health opportunity constitutes Information to a personal purchase requirement to become an ADVISORSubscriber who, move up in rank or otherwise fully participate in the Compensation Plan. The Compensation Plan is built on retail sales to Customers. Magneceutical Health recognizes that ADVISORs may wish to purchase one or more of the products for personal or family use. Pursuant to Magneceutical Health's Terms and Conditions and Policies and Procedures, the purchase of products primarily as an attempt to qualify for advancement in the Compensation Plan is not permitted. ADVISORs are prohibited from representing that there is any obligation to personally purchase products, literature or sales aids to join, move up in rank or earn bonuses under the Compensation Plan. a) Qualification for WELLNESS ADVISOR TRAINEE (WT) The Magneceutical Health entry position is a WELLNESS ADVISOR TRAINEE (WT). This position allows a person to become an Independent distributor with Magneceutical Health and to enjoy the Magneceutical Health business opportunity (that is, to start making sales to Customers and to build a business) without purchasing a Magneceutical Health system. If an ADVISOR does not make the optional product purchase at the time of agreeing receipt thereof, is of a type qualified (as set forth in the UTP Plan Requirements) to receive the Information from Vendor. Vendor agrees that Nasdaq as UTP Plan Administrator may have different qualification requirements for different Subscribers, including, but not limited to different Subscribers of different types of Vendor Services. Vendor shall have no obligation to obtain an executed UTP Plan Subscriber Agreement from Subscribers if Vendor represents and warrants that it has, or will have in place before distributing the Information to any person or entity who has not signed the UTP Plan Subscriber Agreement, a legally valid and enforceable contract (a “Vendor Account Agreement”) with such Subscriber that (i) governs the accounts held by Subscriber with the Vendor through which the Subscriber is entitled to access the Information, including any limitations on a Subscriber’s right to redistribute the Information, and (ii) protects Nasdaq and the Indemnified Parties to the ADVISOR same extent as if Vendor had presented and the Subscriber had signed the UTP Plan Subscriber Agreement. Vendor shall indemnify the Indemnified Parties against any assertion of claims or losses relating against the Indemnified Parties made by a Subscriber who receives the Information from Vendor (or any person relying upon the Information received by such a Subscriber) arising from Vendor’s election to distribute Information to such Subscriber pursuant to this Section 4.06 rather than presenting the UTP Plan Subscriber Agreement to such persons. In terms of recordkeeping and retention, Vendor Account Agreements shall be subject to applicable UTP Plan Requirements. In the event of a dispute with Subscriber(s) relating to the Information, Vendor agrees to provide Nasdaq with copies of the relevant Vendor Account Agreements. Vendor shall be solely responsible for the acts and omissions of internal Subscribers. (b) If Vendor only provides network connectivity to Nasdaq Vendors, whereby Information is distributed to a Nasdaq Vendor who has otherwise entered into a separate agreement with Nasdaq related to the receipt and use of Information, the Vendor shall only provide, or cause or permit to be provided, connectivity to a Nasdaq Vendor who, at the time of the provision of the connectivity, is eligible to receive Information. Upon an inquiry from Vendor, Nasdaq shall undertake reasonable efforts to notify the Vendor via email within three business days whether a Nasdaq Vendor is eligible to receive Information from Nasdaq and Vendor shall not provide a Nasdaq Vendor with access to Information, without Nasdaq’s prior written consent. (c) If any Subscriber or Nasdaq Vendor fails to comply with any of the conditions, terms or provisions of this Agreement applicable to Subscribers and/or the Vendor Account Agreement, he and/or its agreement with Nasdaq and/or Vendor for the Information, or she is classified as an WT. b) Qualification for WELLNESS ADVISOR (WA) To become a new WAany other agreement between Subscriber or Nasdaq Vendor and Nasdaq, a distributor must have a “training / qualifying sale” and at least One (1) Personal Subscription Point ( or PSP, as defined below). A training / qualifying sale constitutes either a HALO system sale to a customer or an “optional product purchase”. The “qualifying sale” allows the WT the ability to start making sales to customers and to build their business, if they choose to do so. The case of the applicant who elects to make the optional purchase at the same time as becoming a WT, their personal purchase would be considered the “first sale” or “qualifying sale” at which point the applicant becomes an WA. Once an ADVISOR has made any representation in any such agreement which was or has become untrue, then Vendor shall, within five (5) business days after receipt of notice from Nasdaq of such failure or untruth, cease providing the “qualifying” saleInformation to such Subscriber or Nasdaq Vendor (as applicable) and shall, all subsequent orders will be calculated as usual and within seven (7) business days following the bonuses will be paid in favor receipt of the ADVISOR making the sale. This “qualifying / training” sale creates equality for allsuch notice, whether or not a person purchases a Magneceutical Health device right away and signs up as an WT or a person elects confirm such cessation by notice to become an WT distributor first, and then purchases a Magneceutical Health product (i.e., a HALO system) later, if everNasdaq.

Qualification Requirements. No feature (a) Except as otherwise set forth in this Agreement, Vendor shall only furnish, or cause or permit to be furnished, all or any part of the Magneceutical Health opportunity constitutes Information to a personal purchase requirement to become an ADVISORSubscriber who, move up in rank or otherwise fully participate in the Compensation Plan. The Compensation Plan is built on retail sales to Customers. Magneceutical Health recognizes that ADVISORs may wish to purchase one or more of the products for personal or family use. Pursuant to Magneceutical Health's Terms and Conditions and Policies and Procedures, the purchase of products primarily as an attempt to qualify for advancement in the Compensation Plan is not permitted. ADVISORs are prohibited from representing that there is any obligation to personally purchase products, literature or sales aids to join, move up in rank or earn bonuses under the Compensation Plan. a) Qualification for WELLNESS ADVISOR TRAINEE (WT) The Magneceutical Health entry position is a WELLNESS ADVISOR TRAINEE (WT). This position allows a person to become an Independent distributor with Magneceutical Health and to enjoy the Magneceutical Health business opportunity (that is, to start making sales to Customers and to build a business) without purchasing a Magneceutical Health system. If an ADVISOR does not make the optional product purchase at the time of agreeing receipt thereof, is of a type qualified (as set forth in the NASDAQ Requirements) to receive the Information from Vendor. Vendor agrees that NASDAQ may have different qualification requirements for different Subscribers, including, but not limited to different Subscribers of different types of Vendor Services. Vendor shall have no obligation to obtain an executed NASDAQ Subscriber Agreement from Subscribers if Vendor represents and warrants that it has, or will have in place before distributing the Information to any person or entity who has not signed the NASDAQ Subscriber Agreement, a legally valid and enforceable contract (a “Vendor Account Agreement”) with such Subscriber that (i) governs the accounts held by Subscriber with the Vendor through which the Subscriber is entitled to access the Information, including any limitations on a Subscriber’s right to redistribute the Information, and (ii) protects NASDAQ and the Indemnified Parties to the ADVISOR same extent as if Vendor had presented and the Subscriber had signed the NASDAQ Subscriber Agreement. Vendor shall indemnify the Indemnified Parties against any assertion of claims or losses relating against the Indemnified Parties made by a Subscriber who receives the Information from Vendor (or any person relying upon the Information received by such a Subscriber) arising from Vendor’s election to distribute Information to such Subscriber pursuant to this Section 4.06 rather than presenting the Subscriber Agreement to such persons. In terms of recordkeeping and retention, Vendor Account Agreements shall be subject to applicable NASDAQ Requirements. In the event of a dispute with Subscriber(s) relating to the Information, Vendor agrees to provide NASDAQ with copies of the relevant Vendor Account Agreements. Vendor shall be solely responsible for the acts and omissions of internal Subscribers. (b) If Vendor only provides network connectivity to NASDAQ Vendors, whereby Information is distributed to a NASDAQ Vendor who has otherwise entered into a separate agreement with NASDAQ related to the receipt and use of Information, the Vendor shall only provide, or cause or permit to be provided, connectivity to a NASDAQ Vendor who, at the time of the provision of the connectivity, is eligible to receive Information. Upon an inquiry from Vendor, NASDAQ shall undertake reasonable efforts to notify the Vendor via email within three business days whether a NASDAQ Vendor is eligible to receive Information from NASDAQ and Vendor shall not provide a NASDAQ Vendor with access to Information, without (c) If any Subscriber or NASDAQ Vendor fails to comply with any of the conditions, terms or provisions of this Agreement applicable to Subscribers and/or the Vendor Account Agreement, he and/or its agreement with NASDAQ and/or Vendor for the Information, or she is classified as an WT. b) Qualification for WELLNESS ADVISOR (WA) To become a new WAany other agreement between Subscriber or NASDAQ Vendor and NASDAQ, a distributor must have a “training / qualifying sale” and at least One (1) Personal Subscription Point ( or PSP, as defined below). A training / qualifying sale constitutes either a HALO system sale to a customer or an “optional product purchase”. The “qualifying sale” allows the WT the ability to start making sales to customers and to build their business, if they choose to do so. The case of the applicant who elects to make the optional purchase at the same time as becoming a WT, their personal purchase would be considered the “first sale” or “qualifying sale” at which point the applicant becomes an WA. Once an ADVISOR has made any representation in any such agreement which was or has become untrue, then Vendor shall, within five (5) business days after receipt of notice from NASDAQ of such failure or untruth, cease providing the “qualifying” saleInformation to such Subscriber or NASDAQ Vendor (as applicable) and shall, all subsequent orders will within seven (7) business days following the receipt of such notice, confirm such cessation by notice to NASDAQ. Vendor shall be calculated as usual solely responsible for the acts and the bonuses will be paid in favor omissions of the ADVISOR making the sale. This “qualifying / training” sale creates equality for all, whether or not a person purchases a Magneceutical Health device right away and signs up as an WT or a person elects to become an WT distributor first, and then purchases a Magneceutical Health product (i.e., a HALO system) later, if everinternal Subscribers.

Qualification Requirements. No feature (a) Except as otherwise set forth in this Agreement, Vendor shall only furnish, or cause or permit to be furnished, all or any part of the Magneceutical Health opportunity constitutes Information to a personal purchase requirement to become an ADVISORSubscriber who, move up in rank or otherwise fully participate in the Compensation Plan. The Compensation Plan is built on retail sales to Customers. Magneceutical Health recognizes that ADVISORs may wish to purchase one or more of the products for personal or family use. Pursuant to Magneceutical Health's Terms and Conditions and Policies and Procedures, the purchase of products primarily as an attempt to qualify for advancement in the Compensation Plan is not permitted. ADVISORs are prohibited from representing that there is any obligation to personally purchase products, literature or sales aids to join, move up in rank or earn bonuses under the Compensation Plan. a) Qualification for WELLNESS ADVISOR TRAINEE (WT) The Magneceutical Health entry position is a WELLNESS ADVISOR TRAINEE (WT). This position allows a person to become an Independent distributor with Magneceutical Health and to enjoy the Magneceutical Health business opportunity (that is, to start making sales to Customers and to build a business) without purchasing a Magneceutical Health system. If an ADVISOR does not make the optional product purchase at the time of agreeing receipt thereof, is of a type qualified (as set forth in the NASDAQNasdaqUTP Plan Requirements) to receive the Information from Vendor. Vendor agrees that NASDAQNasdaq as UTP Plan Administrator may have different qualification requirements for different Subscribers, including, but not limited to different Subscribers of different types of Vendor Services. Vendor shall have no obligation to obtain an executed NASDAQ UTP Plan Subscriber Agreement from Subscribers if Vendor represents and warrants that it has, or will have in place before distributing the Information to any person or entity who has not signed the NASDAQUTP Plan Subscriber Agreement, a legally valid and enforceable contract (a “Vendor Account Agreement”) with such Subscriber that (i) governs the accounts held by Subscriber with the Vendor through which the Subscriber is entitled to access the Information, including any limitations on a Subscriber’s right to redistribute the Information, and (ii) protects NASDAQNasdaq and the Indemnified Parties to the ADVISOR same extent as if Vendor had presented and the Subscriber had signed the NASDAQ UTP Plan Subscriber Agreement. Vendor shall indemnify the Indemnified Parties against any assertion of claims or losses relating against the Indemnified Parties made by a Subscriber who receives the Information from Vendor (or any person relying upon the Information received by such a Subscriber) arising from Vendor’s election to distribute Information to such Subscriber pursuant to this Section 4.06 rather than presenting the UTP Plan Subscriber Agreement to such persons. In terms of recordkeeping and retention, Vendor Account Agreements shall be subject to applicable NASDAQNasdaqUTP Plan Requirements. In the event of a dispute with Subscriber(s) relating to the Information, Vendor agrees to provide NASDAQNasdaq with copies of the relevant Vendor Account Agreements. Vendor shall be solely responsible for the acts and omissions of internal Subscribers. (b) If Vendor only provides network connectivity to NASDAQNasdaq Vendors, whereby Information is distributed to a NASDAQNasdaq Vendor who has otherwise entered into a separate agreement with NASDAQNasdaq related to the receipt and use of Information, the Vendor shall only provide, or cause or permit to be provided, connectivity to a NASDAQNasdaq Vendor who, at the time of the provision of the connectivity, is eligible to receive Information. Upon an inquiry from Vendor, NASDAQNasdaq shall undertake reasonable efforts to notify the Vendor via email within three business days whether a NASDAQNasdaq Vendor is eligible to receive Information from NASDAQNasdaq and Vendor shall not provide a NASDAQNasdaq Vendor with access to Information, without NASDAQNasdaq’s prior written consent. (c) If any Subscriber or NASDAQNasdaq Vendor fails to comply with any of the conditions, terms or provisions of this Agreement applicable to Subscribers and/or the Vendor Account Agreement, he and/or its agreement with NASDAQNasdaq and/or Vendor for the Information, or she is classified as an WT. b) Qualification for WELLNESS ADVISOR (WA) To become a new WAany other agreement between Subscriber or NASDAQNasdaq Vendor and NASDAQNasdaq, a distributor must have a “training / qualifying sale” and at least One (1) Personal Subscription Point ( or PSP, as defined below). A training / qualifying sale constitutes either a HALO system sale to a customer or an “optional product purchase”. The “qualifying sale” allows the WT the ability to start making sales to customers and to build their business, if they choose to do so. The case of the applicant who elects to make the optional purchase at the same time as becoming a WT, their personal purchase would be considered the “first sale” or “qualifying sale” at which point the applicant becomes an WA. Once an ADVISOR has made any representation in any such agreement which was or has become untrue, then Vendor shall, within five (5) business days after receipt of notice from NASDAQNasdaq of such failure or untruth, cease providing the “qualifying” saleInformation to such Subscriber or NASDAQNasdaq Vendor (as applicable) and shall, all subsequent orders will be calculated as usual and within seven (7) business days following the bonuses will be paid in favor receipt of the ADVISOR making the sale. This “qualifying / training” sale creates equality for allsuch notice, whether or not a person purchases a Magneceutical Health device right away and signs up as an WT or a person elects confirm such cessation by notice to become an WT distributor first, and then purchases a Magneceutical Health product (i.e., a HALO system) later, if everNASDAQNasdaq.