Policy Overview and Ethics
Who Can be a TRI-OLOGY® Ambassador and Ethical Agreements
Use of Promotional Materials
BRANDING GUIDELINES:
Representing yourself as a TRI-OLOGY® Ambassador
Compliance with Federal Trade Commission Rules
Paid and Social Promotional
Reporting Income
Confidentiality
Violation of Agreement
Effects of Termination
POLICY OVERVIEW & ETHICS
TRI-OLOGY® has developed the following guidelines, policies, and procedures to provide the following benefits:
- 1. Establish company policy and define the relationship between the company and its Ambassadors.
- 2. Help each Ambassador understand how to develop and promote their TRI-OLOGY® business in an ethical, safe, effective environment.
- 3. Provide an equal opportunity for all Ambassadors to build a successful TRI-OLOGY® business.
These Policies and Procedures, in their present form and as amended from time to time at the sole discretion of TRI-OLOGY® (“TRI-OLOGY® or the company”) are incorporated into and form an integral part of, The TRI-OLOGY® Ambassador Agreement. Throughout these Policies and Procedures, when the term “Agreement” is used, it collectively refers to The TRI-OLOGY® Ambassador Agreement, these Policies and Procedures, and the TRI-OLOGY® Ambassador Promotional Program. These Policies and Procedures and the Promotional Program are incorporated by reference into the TRI-OLOGY® Ambassador Agreement. It is the responsibility of each Ambassador to read, understand, and adhere to these Policies and Procedures as they are now and as they may be revised. It is the Ambassador’s responsibility to be aware of the most current version of these documents. TRI-OLOGY® is a company that markets its products in part through its Ambassador Promotional Program. It is important that each Ambassador understands that their opportunity for success can be affected by the actions and integrity of all Ambassadors and that each Ambassador is required to comply with all of the terms and conditions set forth in this document as well as all federal, state, and local laws governing the operation of their business. As it is not possible in this document to anticipate and address every possible situation that might arise each Ambassador agrees to always conduct their actions with honesty, integrity, and a concern for the best interest of their customers, their fellow TRI-OLOGY® Ambassadors, and the Company. Because federal, state, and local laws, as well as the business environment, may change from time to time, TRI-OLOGY® reserves the right to amend the Agreement and to adjust pricing and product offering at its sole and absolute discretion. Amendments shall not unreasonably apply retroactively to conduct that occurred prior to the effective date of the amendment. The Company shall notify TRI-OLOGY® Ambassadors of any such amendments by any of the following: posting in the TRI-OLOGY® Ambassador Facebook Group, email, conference calls, company-sanctioned public meetings, or special mailings. Once notified a TRI-OLOGY® Ambassador may accept or reject any amendments. If they elect to reject them, their Agreement will be canceled, and they will no longer be eligible to receive their weekly payouts. If after notice of amendments a TRI-OLOGY® Ambassador continues to make recommendations, accept payments, or make invitations to new TRI-OLOGY® Ambassadors, such actions shall be deemed acceptance of any amendments. The Company never relinquishes its right to insist on strict compliance with the Agreement. Failure of TRI-OLOGY® to exercise any right or power under the Agreement, or to insist upon strict compliance of any portion of the Agreement shall not constitute a waiver of its right at any time to insist on such compliance. Waiver of TRI-OLOGY®’s rights can be affected only in writing by one or more Company executives. TRI-OLOGY®’s waiver of any particular breach shall not impair or affect its rights in regard to any subsequent breach, nor shall it affect in any way its rights or obligations in relation to any breach by other TRI-OLOGY® Ambassadors. The existence of any claim or cause of action of a TRI-OLOGY® Ambassador against TRI-OLOGY®, shall not constitute a defense to TRI-OLOGY®’s enforcement of any term or provision of the Agreement.
WHO CAN BE A TRI-OLOGY® AMBASSADOR & ETHICAL AGREEMENTS
An individual or a business entity may become a TRI-OLOGY® Ambassador by complying with the following:
1. Be a minimum of eighteen years of age;
2. Have a valid Social Security or Federal Tax ID number;
3. Be a registered dental professional (assistant, hygienists, dentist, RDA, RDH, DDS, DMD, etc.) or actively in a school program to achieve that title.
4. Read and agree to adhere to the Policies and Procedures as set forth in the TRI-OLOGY® Ambassador Agreement; and
5. Purchase an initial TRI-OLOGY® test kit comprising of one 8oz bottle of Restoring Rinse and one 2oz tottle of Brushing Gel, submit a review and complete the TRI-OLOGY® Ambassador Application.
TRI-OLOGY® reserves the right to accept or reject any TRI-OLOGY® Ambassador Application for any reason or for no reason.
Once a TRI-OLOGY® Ambassador Application and Agreement has been accepted by TRI-OLOGY®, the benefits of the payment plan are available to the new TRI-OLOGY® Ambassador. These benefits include the right to:
1. Offer the TRI-OLOGY® products at a discount to their patients
2. Participate in the TRI-OLOGY® Ambassador Promotional Plan;
3. Receive periodic TRI-OLOGY® Ambassador literature and other TRI-OLOGY® communications;
4. Participate in TRI-OLOGY®-sponsored support, service, training, motivational and recognition functions; and
5. Participate in promotional and incentive contests and programs sponsored by TRI-OLOGY® for its TRI-OLOGY® Ambassadors.
Each TRI-OLOGY® Ambassador agrees to adhere to the following:
1. Conduct themselves and their business operations in a legal, moral, honest, and ethical manner at all times.
2. Avoid actions that could result in conflict with other TRI-OLOGY® Ambassadors or customers.
3. Honestly present the product and income opportunities.
4. Keep internal content from the view of consumers.
a. The internal content that shall NOT be shared with consumers includes, but is also not limited to:
i. Any Facebook live on any TRI-OLOGY® Facebook Group that features sensitive content (i.e. upcoming products, projects, or collaborations)
5. Speak well of TRI-OLOGY® and other TRI-OLOGY® Ambassadors.
6. Conduct your business in such a way that strengthens the TRI-OLOGY® brand and improves the opportunity for all TRI-OLOGY® Ambassadors.
a. Please remember that both in online and offline environments, your behavior reflects not only upon TRI-OLOGY® as a brand, but upon the entire TRI-OLOGY® Ambassador community.
The term of the Agreement is one year from the date of its acceptance by TRI-OLOGY® (subject to prior termination as provided herein). The Agreement shall thereafter automatically renew for successive one-year terms unless or until either party notifies the other party in writing that it does not wish to renew the Agreement. TRI-OLOGY® Ambassadors are independent contractors, not employees of the Company. TRI-OLOGY® Ambassadors are not purchasing a Franchise or Business Opportunity. The Agreement between TRI-OLOGY® and its TRI-OLOGY® Ambassadors do not create an employer/employee relationship, agency, partnership, or joint venture between the TRI-OLOGY® Ambassador and the Company. A TRI-OLOGY® Ambassador shall not be treated as an employee for federal, state, or local tax purposes. Each TRI-OLOGY® Ambassador is responsible for paying all applicable local, state, and federal taxes due from all income earned as a TRI-OLOGY® Ambassador of the Company as well as any sales tax, business license, or any other taxes or fees required by any governing agency which has a lawful right to levy such taxes or fees. TRI-OLOGY® Ambassadors have no authority (expressed or implied) to bind the Company to any obligation. Each TRI-OLOGY® Ambassador shall establish his or her own goals, working hours, and methods of sale, so long as he or she complies with the terms of the Agreement and all applicable laws.
TRI-OLOGY® Ambassador recommendations should be done person to person from the TRI-OLOGY® Ambassador to the consumer. One-time boutiques or trade shows are allowed with prior consent from the Company, and in the case of multiple TRI-OLOGY® Ambassadors wanting to participate in the same show, every effort shall be made by the TRI-OLOGY® Ambassadors to work together and share the costs and benefits of the show. Selling to contacts made through social media such as Facebook, Twitter, Instagram, Pinterest, etc. is allowed, however, your presence in those media must be in compliance with the Agreement (including these Policies and Procedures) and the TRI-OLOGY® Branding Guidelines.
TRI-OLOGY® Ambassadors agree that maintaining the perceived value of TRI-OLOGY® products in the marketplace as well as providing as level a playing field as possible is beneficial for all TRI-OLOGY® Ambassadors. The Company insists that Ambassadors not advertise TRI-OLOGY® products at prices more or less than the suggested retail prices afforded to TRI-OLOGY® Ambassadors as established by TRI-OLOGY® and published in official TRI-OLOGY® materials.
All TRI-OLOGY® Ambassadors shall safeguard and promote the good reputation of TRI-OLOGY® and its products. The marketing and promotion of TRI-OLOGY®, the TRI-OLOGY® Ambassadors opportunity, and TRI-OLOGY® products must avoid all discourteous, deceptive, misleading, unethical, or immoral conduct or practices.
USE OF PROMOTIONAL MATERIALS
The Company has carefully designed its promotional materials to ensure that both the products and opportunity are promoted in a fair and truthful manner, that they are substantiated, and that the materials comply with the legal requirements of federal and state laws.
Accordingly, TRI-OLOGY® Ambassadors may only advertise or promote their TRI-OLOGY® business using approved tools, templates, or images acquired through TRI-OLOGY®. No approval is necessary to use these approved tools in the manner they are intended. If a TRI-OLOGY® Ambassador wishes to design his or her own online or offline marketing materials of any kind, the proposed designs must be submitted to TRI-OLOGY® Ambassador Support at compliance@TRI-OLOGY®care.com. TRI-OLOGY® will then coordinate approvals and consideration and inclusion in the template/image library. Unless the TRI-OLOGY® Ambassador receives specific written approval from TRI-OLOGY® to use such tools/templates/images, the request shall be deemed denied. You may only add your promo code to provided graphics and may not go beyond the borders of the designated promo code area.
BRANDING GUIDELINES:
TRI-OLOGY® must be written in all caps, at all times and shouldn’t be used in the possessive grammatical sense (i.e. “TRI-OLOGY®’s”) – rather, it should appear as “the TRI-OLOGY® difference” or “TRI-OLOGY® is…” The TRI-OLOGY® brand marque consists of two elements - the logotype with and without the dash, “TRI-OLOGY®” and “TRI-OLOGY”. These elements can be used separately or together depending on the application. TRI-OLOGY® brand colors are identified below. Graphics, printed material, etc. should always feature TRI-OLOGY® brand colors, and not vary from the stated palette.
Approved TRI-OLOGY® colors are:
● Blue (2745)
● Green (356)
Approved TRI-OLOGY® Font colors are:
● White (XXXX)
● Green (356)
● Blue (2745)
● Black (XXXX)
TRI-OLOGY® utilizes two types of fonts, which must be used when displaying TRI-OLOGY® content in graphics, printed material, etc.:
● Headline: LEAGUE GOTHIC (i.e. TRI-OLOGY®, which must always be capitalized)
● Supporting Copy: Arial
Please note, both of these fonts are readily available and easily found on most free online photo editors and creation sites. Please select a photo editor app that allows you to follow these policies & procedures. TRI-OLOGY® further reserves the right to rescind approval for any sales tools, promotional materials, advertisements, or other literature, and TRI-OLOGY® Ambassadors waive all claims for damages or remuneration arising from or relating to such rescission. The content of all Company sponsored events is copyrighted material. TRI-OLOGY® Ambassadors may not produce for sale or distribution any recorded Company events and speeches without written permission from TRI-OLOGY®. Nor may TRI-OLOGY® Ambassadors reproduce for sale or for personal use any recording of Company--produced audio or video tape presentations.
REPRESENTING YOURSELF AS A TRI-OLOGY® AMBASSADOR
The name “TRI-OLOGY®” and other names as may be adopted by TRI-OLOGY® are proprietary trade names, trademarks, and service marks of TRI-OLOGY® (collectively “marks”). As such, these marks are of great value to TRI-OLOGY® and are supplied to TRI-OLOGY® Ambassadors for their use only in an expressly authorized manner. TRI-OLOGY® will not allow the use of its trade names, trademarks, designs, or symbols, or any derivatives of such marks, by any person, including TRI-OLOGY® Ambassadors, in any unauthorized manner without its prior, written permission.
Except as specifically provided herein, TRI-OLOGY® Ambassadors may not use the name “TRI-OLOGY®” in an external website name, a personal website address or extension, in an e-mail address, as a personal name, or as a nickname. For permissible uses of the TRI-OLOGY® name in email addresses and social media names/aliases, see below.
● NAME, TRI-OLOGY® Ambassador, Title i.e., Megg Brown, TRI-OLOGY® Ambassador, RDH
The use of TRI-OLOGY® or TRI-OLOGY®care or any variation therein on individual social media pages is NOT permitted (i.e., Megg Brown, TRI-OLOGY®care or TRI-OLOGY®, Megg Brown). A TRI-OLOGY® Ambassador may list herself or himself as a “TRI-OLOGY® Ambassador” in the white or yellow pages of the telephone directory, or with online directories, under her or his own name. TRI-OLOGY® Ambassadors may not place telephone or online directory display ads using the TRI-OLOGY® name or logo. TRI-OLOGY® Ambassadors may not answer the telephone by saying “TRI-OLOGY®,” or in any other manner that would lead the caller to believe that he or she has reached corporate offices of TRI-OLOGY®. If a TRI-OLOGY® Ambassador wishes to post his or her name in a telephone or online directory, it must be listed in the following format:
● NAME, TRI-OLOGY® Ambassador, Title i.e., Megg Brown, TRI-OLOGY® Ambassador, RDH
TRI-OLOGY® Ambassadors may register email addresses and social media names or aliases that include the TRI-OLOGY® name only if the email address or social media name contains the term TRI-OLOGY® Ambassador and is coupled with the TRI-OLOGY® Ambassador’s first and last name. For example, a TRI-OLOGY® Ambassador named John Smith could register the email address JohnSmithTRI-OLOGYAmbassador@gmail.com. Similarly, he could set up a Facebook business page under facebook.com/JohnSmithTRI-OLOGYAmbassador.
COMPLIANCE WITH FEDERAL TRADE COMMISSION RULES
TRI-OLOGY® Ambassadors agree that they will not send unsolicited emails OR text messages regarding TRI-OLOGY® products or invitations to join the TRI-OLOGY® Ambassador program unless such messages strictly comply with applicable laws and regulations including, without limitation, the federal CAN SPAM Act. Any email sent by a TRI-OLOGY® Ambassador that promotes TRI-OLOGY®, the TRI-OLOGY® Ambassador opportunity, or TRI-OLOGY® products and services must comply with the following:
● Regarding emails, there must be a functioning return email address to the sender.
● There must be a notice in the email that advises the recipient that he or she may reply to the email, via the functioning return email address, to request that future email solicitations or correspondence not be sent to him or her (a functioning “opt--out” notice).
● The email must include the TRI-OLOGY® Ambassador’s physical mailing address.
● The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.
● The use of deceptive subject lines and/or false header information is prohibited.
● All opt--out requests, whether received by email or regular mail, must be honored. If a TRI-OLOGY® Ambassador receives an opt--out request from a recipient of an email, the TRI-OLOGY® Ambassador must forward the opt--out request to the Company.
TRI-OLOGY® may periodically send commercial emails on behalf of TRI-OLOGY® Ambassadors. By entering into the TRI-OLOGY® Ambassador Agreement, TRI-OLOGY® Ambassador agrees that the Company may send such emails.
The Federal Trade Commission and the Federal Communications Commission each have laws that restrict telemarketing practices. Both federal agencies (as well as a number of states) have “do not call” regulations as part of their telemarketing laws. Although TRI-OLOGY® does not consider TRI-OLOGY® Ambassadors to be “telemarketers” in the traditional sense of the word, these government regulations broadly define the term “telemarketer” and “telemarketing” so that your inadvertent action of calling someone whose telephone number is listed on the federal “do not call” registry could cause you to violate the law. Moreover, these regulations must not be taken lightly, as they carry significant penalties.
Therefore, TRI-OLOGY® Ambassadors must not engage in telemarketing in the operation of their TRI-OLOGY® Ambassador businesses. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of a TRI-OLOGY® product or service or to recruit them for the TRI-OLOGY® Ambassador opportunity. “Cold calls" made to prospective customers or prospective TRI-OLOGY® Ambassadors that promote either TRI-OLOGY®’s products or services or the TRI-OLOGY® Ambassador opportunity constitute telemarketing and are prohibited.
TRI-OLOGY® Ambassadors shall not use automatic telephone dialing or texting systems or software relative to the operation of their TRI-OLOGY® businesses. TRI-OLOGY® Ambassadors shall not place or initiate any outbound telephone call to any person that delivers any pre-recorded message (a “robocall”) regarding or relating to the TRI-OLOGY® products, services, or opportunities.
PAID AND SOCIAL PROMOTIONAL
When promoting TRI-OLOGY® products and/or the TRI-OLOGY® Ambassadors opportunity, TRI-OLOGY® Ambassadors must use the sales aids, business tools, and support materials produced by TRI-OLOGY® as they are intended to be used.
TRI-OLOGY® shareables are intended for use on one’s own network, which we define as your own social media profiles (Twitter, Facebook, Pinterest, Instagram, and the like) as well as video or written articles on dental-related content websites that one owns, or to which one contributes.
TRI-OLOGY® shareables are NOT intended to be repurposed or altered to appear in static landing pages whose sole intent is to convey a TRI-OLOGY® coupon code, which includes but is not limited to websites, YouTube clips, or any other placement that is not social media - unless prior approval from TRI-OLOGY® compliance has been attained.
You may NOT create a collage out of TRI-OLOGY® Shareables. TRI-OLOGY® Shareables may not be posted in conjunction, or partner, with another brand in the same social media post. (i.e.: TRI-OLOGY® Shareable being shared alongside Colgate Toothpaste, etc. ). Additionally, please refrain from featuring any TRI-OLOGY® products alongside other brands, logos, etc.
TRI-OLOGY® Ambassadors may not embark on any paid advertising without the prior written consent of the company.
TRI-OLOGY® Ambassadors may recommend in a variety of settings, including but not limited to person to person, in OP, and on social media. Selling through social media (Facebook, Twitter, Instagram, Pinterest, etc.) is permitted and encouraged, however, your presence in those media must be in compliance with TRI-OLOGY® branding guidelines.
TRI-OLOGY® Ambassadors may place links or banner ads on independent websites (defined as a personal website that has pages dedicated to topics other than your TRI-OLOGY® business) to that link to their TRI-OLOGY® Ambassador URL. All such links and banner ads must be obtained from TRI-OLOGY®. When using links or banner ads to direct traffic to your TRI-OLOGY® Ambassador URL, it must be evident from a combination of the link or banner ad and the surrounding context that the link or banner ad will be resolving to your TRI-OLOGY® URL. Attempts to mislead web traffic will not be allowed. The determination as to what is misleading will be at TRI-OLOGY®’s sole discretion.
Website landing pages, websites and YouTube clips, and any other mediums that the TRI-OLOGY® team sees as content spamming, with the sole content structure of TRI-OLOGY® assets combined with a coupon code from an ambassador are prohibited.
Keyword stuffing with regards to TRI-OLOGY® coupon codes on websites, including, but not limited to personal websites, Facebook, Twitter, or YouTube pages is strictly prohibited.
Banner ads and links may not be placed on websites that are not aligned with TRI-OLOGY®’s values or on websites for products that are competitive with TRI-OLOGY® products. In no event may a TRI-OLOGY® banner ad or link be placed on any website that:
● Is sexually explicit, obscene, or pornographic;
● Is offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
● Is graphically violent, including any violent video game images;
● Is solicitous of any unlawful behavior;
● Engages in personal attacks on any individual, group, or entity; or
● Is in violation of any intellectual property rights of the Company or any third party.
TRI-OLOGY® Ambassadors shall not use or register “TRI-OLOGY®” or any of TRI-OLOGY®’s trademarks, product names, or any derivative thereof, for any Internet domain name. If a TRI-OLOGY® Ambassador registers an Internet domain name (URL) that contains any of TRI-OLOGY®’s trademarks or a derivative thereof, the TRI-OLOGY® Ambassador agrees that she/he will immediately assign such registration to TRI-OLOGY® upon demand and at no charge to TRI-OLOGY®.
Additionally, a TRI-OLOGY® Ambassador cannot use or register any domain name that could cause confusion, or be misleading or deceptive, in that they cause individuals to believe or assume that the website accessible through the URL is the property of TRI-OLOGY®.
Sponsored links or pay--per--click ads (PPC) are unacceptable and strictly prohibited (this include AdWords ads and any similar platforms).
TRI-OLOGY® Ambassadors that wish to promote their TRI-OLOGY® business through Facebook boosted posts, Instagram boosted posts and any similar programs must first submit their campaign proposal to compliance@TRI-OLOGYcare.com with the proposed imagery, copy, headline, budget and targeting information. The campaign must be approved by TRI-OLOGY® before the campaign can be deemed valid and therefore publishable by the ambassador.
TRI-OLOGY® Ambassadors may not use online classifieds (including Craigslist, Facebook Marketplace, OfferUp, Let Go, RetailMeNot, etc.) to list, sell, or retail TRI-OLOGY® products (including but not limited to rinses, gels, discount codes, TRI-OLOGY®T accessories, etc.), nor may TRI-OLOGY® Ambassadors enlist or knowingly allow a third-party (PopDust, affiliate articles, or sponsored ads) to sell TRI-OLOGY® products on any online classifieds.
TRI-OLOGY®’s products and services may not be listed on eBay, online auctions, or buy/sell/trade pages, nor may TRI-OLOGY® Ambassadors enlist or knowingly allow a third party to sell TRI-OLOGY® products on eBay, online auctions, or buy/sell/trade pages.
TRI-OLOGY® Ambassadors may not list or sell TRI-OLOGY® products on any online retail store or e-commerce site or platform (including an e-commerce site created or operated by a TRI-OLOGY® Ambassador) such as Amazon, AliBaba, eBay Stores, Mercari, Poshmark, Honey, etc. Nor may a TRI-OLOGY® Ambassador enlist or knowingly allow a third party to sell TRI-OLOGY® products on any online retail store or e-commerce site. On Amazon, ambassadors may not hint, suggest, or convey that they are affiliated with the company and cannot provide a personal promo code in a review, questions, or any other forum within the Amazon website.
TRI-OLOGY® Ambassadors may not sell TRI-OLOGY® products in any brick-and-mortar retail settings, and may not participate in any school visits, vendor shows, or conventions without the prior written consent of the Company.
Spam Linking related to the TRI-OLOGY® Ambassador opportunity or TRI-OLOGY® products is prohibited. Spam linking is defined as multiple consecutive submissions of the same or similar content into blogs, wikis, guest books, websites, or other publicly accessible online discussion boards or forums. This includes blog spamming, blog comment spamming, and/or spamdexing. Any comments that a TRI-OLOGY® Ambassador makes on blogs, forums, guest books, etc. must be unique, informative, and relevant.
TRI-OLOGY® Ambassadors may upload, submit or publish TRI-OLOGY®--related video, audio, or photo content that they develop and create so long as it aligns with TRI-OLOGY® values, contributes to the TRI-OLOGY® community’s greater good, and is in compliance with TRI-OLOGY®’s Policies and Procedures. All submissions must clearly identify the submitter as a TRI-OLOGY® Ambassador in the content itself and in the content description tag, must comply with all copyright/legal requirements, and must state that the submitter is solely responsible for this content. All content should refrain from making comparisons to other competing brands.
TRI-OLOGY® Ambassadors may not upload, submit or publish any content (video, audio, presentations, or any computer files) received from TRI-OLOGY® or captured at official TRI-OLOGY® events or in buildings owned or operated by TRI-OLOGY® without prior written permission.
In addition to meeting all other requirements specified in these Policies and Procedures, should a TRI-OLOGY® Ambassador utilize any form of social media, including but not limited to Facebook, Twitter, LinkedIn, YouTube, Instagram, or Pinterest, the TRI-OLOGY® Ambassador agrees to each of the following:
- It is each TRI-OLOGY® Ambassador’s responsibility to follow the social media site’s terms of use. If the social media site does not allow its site to be used for commercial activity, you must abide by the site’s terms of use.
- During the term of this Agreement as renewed and updated in accordance with the terms set forth herein, and for a period of 12 calendar months thereafter, a TRI-OLOGY® Ambassador may not use any social media site on which they discuss or promote, or have discussed or promoted, the TRI-OLOGY® business or TRI-OLOGY®’s products to directly or indirectly market a competitor.
- A TRI-OLOGY® Ambassador may post or “pin” photographs of TRI-OLOGY® products on a social media site; however, only photos that are provided by TRI-OLOGY®, or photos that meet the following specific standards of presentation may be used in addition to any support text required by the post (i.e. status update, description, etc.):
○ Products must be properly lit with an uncluttered background.
○ Inclusive of brand personality guidelines:
■ Ambassadors are proud to recommend TRI-OLOGY® products, feel good about helping patients, family and friends improve their oral health, and are friendly, confident, honest, and informed when sharing TRI-OLOGY® with others.
○ Must be inclusive of approved brand messaging:
■ “TRI-OLOGY® oral care benefits everyone”
■ “TRI-OLOGY® Triple Action Solution for a Healthier Smile”
■ “TRIOLOYGY Triple Action Protection Against Bacteria, Fungi, and Viruses”
■ “TRI-OLOGY® Protection When Wearing a Mask is NOT an Option”
■ “TRI-OLOGY® #1 Nutrient Powered Antimicrobial used in Dentistry”
○ Include only TRI-OLOGY® created logotypes or icons (i.e., the TRI-OLOGY® logo)
○ Text may be in one of three pre-approved colors:
■ Blue (2745)
■ Green (356)
■ Black (XXXX)
○ Feature approved fonts:
■ League Gothic
■ Arial
○ We reserve the right to approve/disapprove any posting of TRI-OLOGY® products.
● Only make statements that reflect your honest beliefs, opinions, or experiences with TRI-OLOGY® and its products.
● Have adequate substantiation for any claim (explicit or implied) in your communication; levels of required substantiation vary by the claim. For example:
○ “TRI-OLOGY® helps mouth sores heal up to 5x faster, plus stops the pain.” (personal experience is the best. Brochures, case studies and independent research studies are available at https://TRI-OLOGY®care.com/educational-content/ )
○ “Patients who use TRI-OLOGY® have less plaque buildup when they return for their next appointment.” This should be from your personal experience supported by study data provided in TRI-OLOGY® brochures and Dr. James Elias case studies at https://TRI-OLOGY®care.com/educational-content/ )
● TRI-OLOGY® messaging is simple, empowering, transparent and personal. TRI-OLOGY® dental professionals agree to represent and maintain this brand value when acting in the capacity of a TRI-OLOGY® Ambassador.
TRI-OLOGY® Ambassadors may not re-purpose, edit, or otherwise distribute TRI-OLOGY® advertisements or the content of any other TRI-OLOGY® Ambassador on any online or offline channels (i.e., editing TRI-OLOGY® ads or shareables to create video content) without the prior written consent of the Company.
TRI-OLOGY® Ambassadors may not comment or otherwise recommend TRI-OLOGY® products on ANY competitor advertisements, TRI-OLOGY® advertisements, or TRI-OLOGY® consumer-facing posts/shares/etc., in any manner. Further, should a TRI-OLOGY® ambassador engage in any comparative analysis, those claims must be truthful, factual, and demonstrative of the intended use of the product. (i.e., a video on brushing gel/toothpaste has to be about brushing teeth.
If a TRI-OLOGY® Ambassador posts any non-compliant comparative content while an Ambassador, they won’t be compensated for ANY referrals made through any of their content.
TRI-OLOGY® Ambassadors may not direct message or otherwise privately contact anybody leaving comments, tweets, updates, on TRI-OLOGY® or competitor advertisements. TRI-OLOGY® Ambassadors may not leave their code or referral link on any coupon code, discount, or value-based websites (i.e. Coupon Chief, Coupon Cabin, RetailMeNot, etc.)
If the TRI-OLOGY® Ambassador’s TRI-OLOGY® business is canceled for any reason or if the TRI-OLOGY® Ambassador becomes inactive, the TRI-OLOGY® Ambassador must deactivate any associated business profile pages utilizing the TRI-OLOGY® name.
If a TRI-OLOGY® Ambassador starts a Facebook group for her/his team or for his or her area, the TRI-OLOGY® Ambassador agrees that she will invite TRI-OLOGY® to join that page to monitor activity.
Enrollment as a TRI-OLOGY® Ambassador does not entitle you to any specific geographic territory for operating your business, nor is any TRI-OLOGY® Ambassador, in good standing, restricted from operating in any geographic area of the United States. As there may be multiple TRI-OLOGY® Ambassadors in a given area each TRI-OLOGY® Ambassador agrees to work with the other TRI-OLOGY® Ambassadors in their area in a fair and equitable manner in order to promote TRI-OLOGY® and provide more opportunity for all. The Company may, at its sole discretion, limit the number of TRI-OLOGY® Ambassadors in any given area but is not obligated to do so.
Unless a TRI-OLOGY® Ambassador has received written authorization from TRI-OLOGY®, TRI-OLOGY® Ambassadors may not promote TRI-OLOGY® products or sponsor other TRI-OLOGY® Ambassadors in any country other than the United States. Unless a TRI-OLOGY® Ambassador has received written authorization from TRI-OLOGY®, TRI-OLOGY® products or sales aids may not be shipped into or sold in any foreign country outside of the United States.
There is a minimum amount of $100.00USD for any issuance from a TRI-OLOGY® Ambassador’s Account.
To ensure timely delivery of products, support materials, and commission and bonus payments it is critically important that TRI-OLOGY® maintains accurate and current information on each TRI-OLOGY® Ambassador. If a TRI-OLOGY® Ambassador is planning to move, updated contact and shipping information should be sent to TRI-OLOGY® at ambassador@TRI-OLOGY®care.com
Notwithstanding the foregoing, all compensation owed to a TRI-OLOGY® Ambassador, regardless of the amount accrued, will be paid upon the termination of a TRI-OLOGY® Ambassador’s TRI-OLOGY® Ambassador Agreement.
A TRI-OLOGY® Ambassador is fully responsible for all of his or her verbal and written statements made regarding TRI-OLOGY® products. TRI-OLOGY® as a company, or the TRI-OLOGY® Ambassador program, not expressly contained in official TRI-OLOGY® materials. This includes statements and representations made through all sources of communication media, whether person--to--person, in meetings, online, through Social Media, in print or any other means of communication. TRI-OLOGY® Ambassadors agree to indemnify TRI-OLOGY® and TRI-OLOGY®’s directors, officers, employees, and agents, and hold them harmless from all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by TRI-OLOGY® as a result of the TRI-OLOGY® Ambassador’s unauthorized representations or actions. This provision shall survive the termination of the TRI-OLOGY® Ambassador Agreement.
TRI-OLOGY® Ambassadors shall comply with all federal, state, and local laws and regulations in the conduct of their businesses. Many cities and counties have laws regulating certain home-based businesses. In most cases, these ordinances are not applicable to TRI-OLOGY® Ambassadors because of the nature of their business. However, TRI-OLOGY® Ambassadors must obey those laws that do apply to them. If a city or county official tells a TRI-OLOGY® Ambassador that an ordinance applies to him or her, the TRI-OLOGY® Ambassador shall be polite and cooperative, and immediately send a copy of the ordinance to TRI-OLOGY®.
TRI-OLOGY® values constructive criticisms and comments from TRI-OLOGY® Ambassadors. All such comments should be submitted in writing to the TRI-OLOGY® Ambassador support team. While TRI-OLOGY® welcomes constructive input, negative comments and remarks made in the field by TRI-OLOGY® Ambassadors about the Company, its products, or other Ambassadors serve no purpose other than to sour the enthusiasm of other TRI-OLOGY® Ambassadors. For this reason, and to set the proper example, TRI-OLOGY® Ambassadors must not disparage, demean, or make negative remarks about TRI-OLOGY®, other TRI-OLOGY® Ambassadors, TRI-OLOGY®’s products, or TRI-OLOGY®’s directors, officers, or employees.
REPORTING INCOME
Each TRI-OLOGY® Ambassador is responsible for paying local, state, and federal taxes on any income generated as a TRI-OLOGY® Ambassador. If a TRI-OLOGY® Ambassador’s TRI-OLOGY® business is tax-exempt, the Federal tax identification number must be provided to TRI-OLOGY®. Every year, TRI-OLOGY® will provide an IRS Form 1099-MISC to all TRI-OLOGY® Ambassadors who are required to receive based on earnings and/or purchases, as specified in the tax code as updated from time to time.
TRI-OLOGY® cannot provide TRI-OLOGY® Ambassadors with any personal tax advice. TRI-OLOGY® Ambassadors should consult with their own tax accountant, tax attorney, or other tax professional.
If a TRI-OLOGY® Ambassador fails to provide TRI-OLOGY® with a valid Social Security Number, Federal Tax ID Number, or IRS Form W--9 (if required), TRI-OLOGY® will deduct the necessary back--up withholdings from the TRI-OLOGY® Ambassador’s payments as required by law.
TRI-OLOGY® Ambassadors may participate in other direct selling or Network marketing ventures and may engage in selling non--TRI-OLOGY® products and services if they choose to do so as long as they adhere to the following guidelines:
● TRI-OLOGY® Ambassadors may not sell, offer to sell, or promote any competing non--TRI-OLOGY® products to any TRI-OLOGY® Ambassador or TRI-OLOGY® retail customers. Oral Rinses, toothbrushes, toothpaste/gels, whitening strips, mouth sore and mouth pain products, and other oral care products are deemed to be in the same generic categories as TRI-OLOGY® products and are therefore competing for products, regardless of differences in cost, quality, or other distinguishing factors.
● During the term of this Agreement, TRI-OLOGY® Ambassadors may not contact directly or through a third party any other TRI-OLOGY® Ambassador with the intent to recruit or solicit their participation in any other Network Marketing, Direct Sales, or MLM Companies.
● Following the cancellation of a TRI-OLOGY® Ambassador’s TRI-OLOGY® Ambassador Agreement, and for a period of three (3) years thereafter, a former TRI-OLOGY® Ambassador may not recruit or solicit any TRI-OLOGY® Ambassador for another direct selling, MLM, or network marketing business.
TRI-OLOGY® Ambassadors and the Company recognize that because of the unique marketing structure of the TRI-OLOGY® Ambassador program, which is conducted through networks of independent contractors dispersed across the entire United States, and business is commonly conducted via the internet and telephone, an effort to narrowly limit the geographic scope of this non--solicitation provision would render it wholly ineffective. Therefore, TRI-OLOGY® Ambassadors and TRI-OLOGY® agree that this non-- solicitation provision shall apply nationwide. This provision shall survive the termination or expiration of the Agreement.
As used above, the terms recruit or solicit means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another TRI-OLOGY® Ambassador to enroll or participate in another multi-level marketing, network marketing or direct sales opportunity.
CONFIDENTIALITY
“Confidential Information” includes, but is not limited to, the identities of TRI-OLOGY® Ambassadors, personal information and contact information of TRI-OLOGY® Ambassadors, as well as any personal payment information. Confidential Information is or may be available to TRI-OLOGY® Ambassadors in their respective app dashboards. TRI-OLOGY® Ambassador access to such Confidential Information is password-protected, is confidential, and constitutes proprietary information and business trade secrets belonging to TRI-OLOGY®. Such Confidential Information is provided to TRI-OLOGY® Ambassadors in the strictest confidence and is made available to TRI-OLOGY® Ambassadors for the sole purpose of assisting TRI-OLOGY® Ambassadors in the development of their TRI-OLOGY® business. TRI-OLOGY® Ambassadors may not use any Confidential Information for any purpose other than for developing their independent TRI-OLOGY® businesses. The TRI-OLOGY® Ambassador and TRI-OLOGY® agree that, but for this agreement of confidentiality and nondisclosure, TRI-OLOGY® would not provide Confidential Information to the TRI-OLOGY® Ambassador.
To protect the Confidential Information, a TRI-OLOGY® Ambassador shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation, or other entity:
● Directly or indirectly disclose any Confidential Information to any third party;
● Directly or indirectly disclose the password or other access code to his or her TRI-OLOGY® account or app dashboard.
● Use any Confidential Information to compete with TRI-OLOGY® or for any purpose other than promoting his or her TRI-OLOGY® business; or
● Recruit or solicit any TRI-OLOGY® Ambassador, or in any manner attempt to influence or induce any TRI-OLOGY® Ambassador to alter their business relationship with TRI-OLOGY®.
The obligation of a TRI-OLOGY® Ambassador to not disclose any Confidential Information shall survive cancellation or termination of the Agreement and shall remain effective and binding irrespective of whether a TRI-OLOGY® Ambassador’s Agreement has been terminated, or whether the TRI-OLOGY® Ambassador is or is not otherwise affiliated with the Company.
TRI-OLOGY® makes assets available to its TRI-OLOGY® Ambassadors, which are considered confidential and proprietary information that may be used solely and exclusively to promote the development of a TRI-OLOGY® Ambassador’s TRI-OLOGY® business and to increase sales of TRI-OLOGY® products. However, access to these assets is a privilege and not a right. TRI-OLOGY® reserves the right to deny TRI-OLOGY® Ambassadors access to the TRI-OLOGY® Professionals app or backend dashboard at its sole discretion.
VIOLATION OF AGREEMENT
Violation of the Agreement, these Policies, and Procedures, violation of any common law duty, including but not limited to any applicable duty of loyalty, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by a TRI-OLOGY® Ambassador that, in the sole discretion of the Company may damage its reputation or goodwill (such damaging act or omission need not be related to the TRI-OLOGY® Ambassador’s TRI-OLOGY® business), may result, at TRI-OLOGY®'s discretion, in one or more of the following corrective measures:
● Issuance of a written warning or admonition;
● Requiring the TRI-OLOGY® Ambassador to take immediate corrective measures;
● Deactivation of the TRI-OLOGY® Ambassador’s promotional code
● Loss of rights to one or more payments;
● TRI-OLOGY® may withhold from a TRI-OLOGY® Ambassador all or part of the TRI-OLOGY® Ambassador’s commissions during the period that TRI-OLOGY® is investigating any conduct allegedly violative of the Agreement. If a TRI-OLOGY® Ambassador’s business is canceled for disciplinary reasons, the TRI-OLOGY® Ambassador will not be entitled to recover any monies withheld during the investigation period;
● Suspension of the individual’s TRI-OLOGY® Ambassador Agreement for one or more pay periods; ● Involuntary termination of the offender’s TRI-OLOGY® Ambassador Agreement;
● Suspension and/or termination of the offending TRI-OLOGY® Ambassador’s TRI-OLOGY® URL and promotional code and/or website access; or
● Any other measure expressly allowed within any provision of the Agreement or which TRI-OLOGY® deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the TRI-OLOGY® Ambassador’s policy violation or contractual breach.
In situations deemed appropriate by TRI-OLOGY®, the Company may institute legal proceedings for monetary and/or equitable relief.
If any member of a TRI-OLOGY® Ambassador’s immediate household engages in any activity which, if performed by the TRI-OLOGY® Ambassador, would violate any provision of the Agreement, such activity will be deemed a violation by the TRI-OLOGY® Ambassador and TRI-OLOGY® may take disciplinary action pursuant to these Policies and Procedures against the TRI-OLOGY® Ambassador. Similarly, if any individual associated in any way with a corporation, partnership, LLC, trust, or other entity as an owner, officer, shareholder, member, manager, or employee (an “Affiliate Party”) violates the Agreement, such action(s) will be deemed a violation by the business entity, and TRI-OLOGY® may take disciplinary action against the business entity. Each Affiliated Party of a business entity shall be personally and individually bound to and must comply with, the terms and conditions of the Agreement.
So long as a TRI-OLOGY® Ambassador remains active and complies with the terms of the TRI-OLOGY® Ambassador Agreement and these Policies and Procedures, TRI-OLOGY® shall pay commissions to such TRI-OLOGY® Ambassador in accordance with the TRI-OLOGY® Ambassador Commission Plan. A TRI-OLOGY® Ambassador’s commissions constitute the entire consideration for the TRI-OLOGY® Ambassador's efforts in generating sales and all activities related to generating sales. Following a TRI-OLOGY® Ambassador’s non-renewal of his or her TRI-OLOGY® Ambassador Agreement, cancellation for inactivity, or voluntary or involuntary cancellation of his or her TRI-OLOGY® Ambassador Agreement (all of these methods are collectively referred to as “cancellation”), the former TRI-OLOGY® Ambassador shall have no right, title, claim or interest to the clients to which he or she recommended to the organization.
EFFECTS OF TERMINATION
TRI-OLOGY® has the sole right to cancel this agreement at any time for any reason. Following a TRI-OLOGY® Ambassador’s cancellation of his or her TRI-OLOGY® Ambassador Agreement, the former TRI-OLOGY® Ambassador shall not hold himself or herself out as a TRI-OLOGY® Ambassador and shall not have the right to purchase TRI-OLOGY® products at discounted pricing. A TRI-OLOGY® Ambassador whose TRI-OLOGY® Ambassador Agreement is canceled shall receive bonuses only for the last full pay period he or she was active prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation). Cancellation shall be effective on the date on which written notice is mailed, emailed, faxed, or delivered to an express courier, to the TRI-OLOGY® Ambassador’s last known address, email address, or fax number, or to his or her attorney, or when the TRI-OLOGY® Ambassador receives actual notice of cancellation, whichever occurs first. TRI-OLOGY® reserves the right to terminate all TRI-OLOGY® Ambassador Agreements upon thirty (30) days written notice in the event that it elects to (1) cease business operations; (2) dissolve as a corporate entity; or (3) terminate distribution of its products via the TRI-OLOGY® Ambassador program.
A participant in this program has a right to cancel at any time, regardless of the reason. Cancellation must be submitted in writing to the Company at its principal email address.