75,$/

Case 3:15-cv-01857-SI Document 409-10 Filed 10/15/20 Page 1 of 3
25% OFF

2

If neither Username choice is available, 

username will default to your mailbox 

number. 

(1st Choice): 

(2nd Choice): 

Passwords must have 6–16 characters 

and contain at least one letter and one 

number, e.g., rsmith2.

2

2

2

STEP 1: Join Our Team. Please choose an enrollment option.

STEP 2: Select Your Monthly Challenge Kit. Choose the items you would like shipped to you each month.

STEP 5: Personal Information

STEP 3: Additional Products STEP 4: Vi-Net® Login & Additional Tools

$49 $499 $999

x15

x3

x40

VISALUSTM VISALUSTM

x10

+ PURCHASE YOUR

CHALLENGE KIT

FROM $49–$299

FIT KIT

$299

$409 Retail Value

SAVE $110

25%OFF

25%OFF FREE

x25 x25 x10

P R O M O T E R S Y S T E M S

NEW

TRANSFORMATION KIT

$249

$339 Retail Value 

SAVE $90

CORE KIT

$199

$278 Retail Value 

SAVE $79

SHAPE KIT

$99

$136 Retail Value 

SAVE $37

BALANCE KIT

$49

$68 Retail Value 

SAVE $19

CHOOSE YOUR AUTO-SHIP DATE:

5th 12th 19th

All additional product orders will be processed and shipped with your enrollment package.

QTY ITEM NAME AUTO-SHIP ITEM PRICE ONE-TIME

50 Taster Packs

25 Starter Packs

ViSalus GOTM–2 oz. Shots

ViSalus PROTM–Drink Mix

Vi-pak®

See Product Price Sheet for Item Numbers and pricing information.

$250

$250

$48/box

$32/box

$99

QTY ITEM NAME AUTO-SHIP ITEM PRICE ONE-TIME

Oatmeal Raisin

Peanut Butter

Chocolate Chip

$34/box

$34/box

$34/box

Nutra-CookieTM: Pick a Flavor

You will automatically be 

subscribed to Vi-Net Pro 

plus ViSalus Success Club 

Subscription for $29/mo. 

Upgrade to Vi-Net Pro

Swipe for $39/mo and

get The Swiper for $49 

(one time charge)

Please select a unique username and password to access your ViSalus Back 2ǒFH

To change or cancel, call ViSalus Customer Service at 1.877.VISALUS

IP# or SSN: ___________________________________________________

Enroller Last Name: __________________ First Name: ______________________

The Enroller is an existing IP who refers a new IP. The Enroller can place the new IP anywhere in the depth of his/her organization. 

Once the enrollment process is complete the enroller can add/change sponsor information in the “Waiting Room” found in Vi-Net. 

Last Name: ______________________ First Name: _____________________

SSN or Tax ID: _____________________ Birth Date: ____/ ____/ _____ 

Company Name: __________________________________________________

 If doing business as a legal entity, complete and attach the Company Enrollment Form. (Required) 

Shipping/Mailing Address: __________________________________________

Apt/Suite: ______________________________________________________

City: ___________________________ State: ______ Zip: ______________

Billing Address: __________________________________________________

Apt/Suite: ______________________________________________________

City: ___________________________ State: ______ Zip: ______________

Communication Preferences:

Home Phone #: ____________________ Mobile Phone #: _______________

Mobile Phone Provider: Required for ViSalus Mobile Updates (SMS) ___________________

E-mail Address: _______________________________________________

Receive ViSalus News & Updates via: Check at least one

▢ Phone ▢ Email ▢ Mobile Text Message (SMS) ▢ None

Language Preference: ▢ English ▢ Spanish ▢ Both

Gender: ▢ Male ▢ Female

Billing Information:

Full Name on Credit Card: _________________________________________

Credit Card Number: |__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|

Expiration Date: ____________________ Security Code: ________________

Card Type: 12. Visa 12. MasterCard 12. Discover 12. American Express

Cardholder Signature: ___________________________________________

I authorize ViSalus to charge my account for the amount listed. I promise to pay such amount to and in agreement governing the use of such card. I understand that ViSalus will apply taxes, shipping and handling charges to my order. If the 

order is Auto-Ship or a monthly Vi-Net Subscription, I authorize ViSalus to ship/charge these products monthly. Cancellations must be submitted at least 5 days prior to the Auto-Ship date or Vi-Net billing date.

I understand that to become an Independent Promoter (IP) of ViSalus I am only required to submit this Agreement. 

I further acknowledge that my advancement in the ViSalus marketing plan is based solely upon the acquisition of 

customers. My purchase of sales aids or training material, or attendance at training classes, is strictly optional and 

at my discretion. I also understand that if I choose to enroll or sponsor other individuals to participate in ViSalus’ 

marketing plan, I will only be compensated based upon the activities of other IPs to the extent of their sales made 

to customers.

By my signature below and initials on the IP Terms of Agreement on the reverse side, I acknowledge that I have 

carefully read this Agreement, and I am willing to accept the terms and conditions herein and on the reverse side. 

I understand that the terms of this document shall be a binding Agreement between ViSalus and me and upon 

receipt of this Agreement. I have read and understand ViSalus’ Policies and Procedures and Compensation Plan, 

which are incorporated by the reference herein, and agree to abide by them as they may be amended at any time.

I UNDERSTAND THAT I MAY CANCEL THIS AGREEMENT WITHOUT PENALTY OR OBLIGATION AT ANY TIME, 

FOR ANY REASON. I UNDERSTAND THAT MY NOTICE OF CANCELLATION MUST BE SUBMITTED IN WRITING TO 

THE COMPANY AT ITS PRINCIPAL BUSINESS ADDRESS. PLEASE SEE OTHER SIDE FOR TERMS.

Applicant Signature: X Date:

This application is not considered complete unless ViSalus receives both the signed and dated Application (page 1) and the initialed Terms of Agreement (page 2)

TOTAL RETAIL VALUE

$1,897

Shake Meal for Meal Match!

VISALUSTM INDEPENDENT PROMOTER (VIP) APPLICATION Fax Form to 1.877.547.1570

© 2012 ViSalus, Inc. All rights reserved. D1000US-25 1/2

g

T CORE KIT BALANCE KIT

C

(%LJ%HDYHU5G6XLWH7UR\0,Customer Service 1.877.VISALUSvi.com

30 CHILDREN’S SHAKE 

MEALS DONATION $24

QTY: AUTO

SHIP

Executive enrollment Auto-Ship orders 

will be processed and shipped starting 

the next month on the selected date. 

Basic enrollment Auto-Ship orders will 

be processed and shipped with your 

enrollment package. If selected date 

lands on a weekend or holiday, orders 

will be processed on the last business 

day prior.

26

3:15-cv-01857

26-1

Case 3:15-cv-01857-SI Document 409-10 Filed 10/15/20 Page 2 of 3
By joining ViSalusTM these are the Terms you have agreed to. Refer to the 

Policies and Procedures for detailed information.

1. I acknowledge that I am of legal age to enter into this Agreement and that 

I am a real person.

2. I understand and acknowledge that this Agreement is not binding until 

received and accepted by VISALUS.

3. I agree that as a Promoter, I am responsible for determining my own 

business activities and that I am not an agent, employee or legal 

representative of VISALUS. I am responsible for the payment of all federal 

and state employment taxes and any other tax required under any federal, 

state or regulatory law. In the event that I fail to provide VISALUS a valid 

6RFLDO6HFXULW\1XPEHURUHPSOR\HULGHQWLÀFDWLRQQXPEHU9,6$/86PD\

withhold commissions due to me until a valid number is provided.

4. I understand that I am not being sold a franchise or business opportunity.

5. I may terminate this Agreement for any reason, at any time, by giving 

VISALUS prior written notice. VISALUS may terminate this Agreement in 

writing upon violation of policies and procedures or in the event I violate 

any part of this Agreement. In such event, no further commissions will 

be paid by VISALUS. To terminate this Agreement, I must mail or deliver 

personally to VISALUS, a signed, dated written notice of cancellation sent 

to: ViSalus, 1607 East Big Beaver, Suite 110, Troy, Michigan 48083.

6. I agree that as a VISALUS Promoter, I shall place primary emphasis 

upon the sale of Products and Services to non-Promoter consumers as 

a condition of my receipt of commissions. Commissions I receive will 

EHEDVHGXSRQIXOÀOOLQJFHUWDLQWHUPVRITXDOLÀFDWLRQDVVHWIRUWKE\

the Marketing Program and Compensation Plans as may be amended 

from time to time. A three ($3.00) Dollar processing fee will apply to all 

payments.

7. I agree to keep accurate records and to abide by all federal, state, and 

local laws and regulations governing the sale or solicitation of the products 

and services marketed by VISALUS including, but not limited to, any and all 

permits and licenses required to perform under this Agreement.

8. I understand that no attorney general or other regulatory authority ever 

reviews, endorses, or approves any product, subscription, compensation 

program or company, and I will make no such claim to others.

9. I understand that a $25 Administration Fee will be charged annually to my 

FUHGLWFDUGRQÀOHZLWK9L6DOXV7KLVIHHLVIRUVHUYLFHVZKLFKLQFOXGHEXW

are not limited to, downline reporting, customer tracking and accounting 

services. The Administration Fee will be charged in the month of my 

enrollment anniversary and if not paid will result in my Promotership 

being placed on Financial Hold for up to 120 days. If the Administration 

Fee remains unpaid 120 days after it was due, my Promotership will be 

terminated and I will forfeit any commissions that were held since the 

time I was placed on Financial Hold. If my Promotership is terminated, I 

understand that I must re-enroll as a brand new Promoter and will not be 

placed back in my original spot if I wish to pursue the ViSalus opportunity.

10. I agree that VISALUS shall not be liable under any circumstances for 

any damage or loss of any kind, including indirect, special, punitive, 

FRPSHQVDWRU\RUFRQVHTXHQWLDOGDPDJHVORVVHVRUSURÀWVZKLFKPD\

result from any cause, including but not limited to, breach of warranty, 

delay, act, error or omission of VISALUS, or in the event of discontinuation 

RUPRGLÀFDWLRQRIDSURGXFWRUVHUYLFHRǑHUHGE\9,6$/86

11. VISALUS shall periodically make sales literature and/or promotional 

materials available. However, I am under no obligation to purchase any 

materials or literature at any time. Refunds shall not be allowed under any 

circumstances, including, but not limited to, termination of this Agreement, 

obsolescence of such sales literature or promotional materials, or any other 

UHDVRQ([FHSWDVVSHFLÀHGLQSDUDJUDSK

12. I agree that as a Promoter, this Agreement grants me the limited authority 

to promote and sell the products VISALUS markets subject to the terms and 

conditions established by VISALUS.

13. I will not make any false or misleading statements about VISALUS or 

its marketing program. I agree that I will operate in a lawful, ethical 

and moral manner and will not engage in or perform any misleading, 

deceptive or unethical practices. In the event I violate any of these 

conditions, my position may be terminated without further payment or 

compensation of any kind.

14. I acknowledge that I am responsible for supervising and supporting 

Promoters I sponsor into the program and in my commissionable network. I 

agree to maintain monthly communication and support to those individuals 

in my commissionable network through written or verbal communication 

and attendance at meetings.

15. I acknowledge that VISALUS expressly reserves all proprietary rights to 

the company’s trademarks, tradenames, logos (“Proprietary Marks”) and 

copyrighted materials. I understand, acknowledge and agree that any 

monies which I pay VISALUS are in consideration of my receiving a nonexclusive license, during the term of this Agreement to use the Proprietary 

Marks of VISALUS as stipulated in the Policies and Procedures and in 

conjunction with the marketing program provided to me. I further agree 

that I will not use VISALUS’s Proprietary Marks in any form whatsoever 

except as permitted in writing by VISALUS or in advertising or promotion 

materials provided, designed or published by VISALUS. I understand that 

I may not photocopy or duplicate any materials provided by or purchased 

from VISALUS without written authorization and that the unauthorized use 

of any Proprietary Mark is a violation of federal law and this Agreement, 

constituting grounds for termination of this Agreement by VISALUS.

16. I understand that as a Promoter, I am free to select my own means, 

methods and manner of operation and that I am free to choose the hours 

and location of my activities under this Agreement, subject only to the 

terms of this Agreement and VISALUS Policies and Procedures.

17. I acknowledge that I am not guaranteed any income nor am I assured 

DQ\SURÀWVRUVXFFHVV,FHUWLI\WKDWQRFODLPVRIJXDUDQWHHGSURÀWVRU

UHSUHVHQWDWLRQVRIH[SHFWHGHDUQLQJVWKDWPLJKWUHVXOWIURPP\HǑRUWVKDYH

been made by VISALUS or any VISALUS Promoters. In this connection, I 

shall not represent directly or indirectly that any person may, can or will 

earn any stated gross or net amount, nor that sponsorship of others is easy 

to secure or retain, or that substantially all Promoters will succeed.

18. I acknowledge that I have the right to sign up as many personal customers 

as I wish. I will receive a commission each month from my personal 

customers’ purchases and my downline network in accordance with the 

9,6$/86&RPSHQVDWLRQ3ODQWKHQLQHǑHFW

19. I agree to indemnify and hold harmless VISALUS from any and all claims 

losses, damages and expenses, including any attorney’s fees, arising out 

of my actions or conduct in violation of this Agreement, Compensation Plan 

or any Policy or Procedure of VISALUS. I agree that in order to recoup any 

damages and expenses it has incurred due to such violation(s), VISALUS 

PD\RǑVHWDQ\FRPPLVVLRQVRURWKHUSD\PHQWVGXHPH,QWKHHYHQWD

dispute arises as to the respective rights, duties and obligations under this 

Agreement, Compensation Plan or the Policies and Procedures of VISALUS, 

it is agreed that such disputes shall be exclusively resolved in the Circuit 

Court for Oakland County, State of Michigan, or Federal Court located in 

Detroit, Michigan. Michigan law shall apply to the resolution of all disputes. 

Louisiana residents may choose Louisiana law and jurisdiction.

20. I acknowledge that I have read and fully understand the VISALUS Policies 

and Procedures and Compensation Plan, which are incorporated herein 

by reference and are binding upon me. In order to maintain a viable 

marketing program and to comply with changes in federal, state or local 

laws or economic conditions, VISALUS may revise its Compensation Plan 

and Policies and Procedures from time to time. All changes thereto shall be 

HǑHFWLYHXSRQYHUEDORUZULWWHQQRWLFHWRPHDQGEHFRPHDELQGLQJSDUWRI

WKLV$JUHHPHQW7KHKRPHRǒFHSULRUWRXVHRUSXEOLFDWLRQPXVWDSSURYH

all advertisements using the Proprietary Marks of VISALUS.

21. I acknowledge that this Agreement, Compensation Plan and the Policies 

and Procedures incorporated herein by reference, constitute the entire 

$JUHHPHQWEHWZHHQWKHSDUWLHVDQGVKDOOQRWEHPRGLÀHGRUDPHQGHG

except in writing signed by VISALUS. This Agreement shall be binding upon 

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parties hereto. If any provision of the Agreement is determined by any 

authority of competent jurisdiction to be invalid or unenforceable in part or 

in whole for any reason whatsoever, the validity of the remaining provisions 

RUSRUWLRQVWKHUHRIVKDOOQRWEHDǑHFWHGWKHUHE\

22. I agree to abide by the terms of the noninterference and non-disclosure 

policy of VISALUS.

23. During the term of this Agreement (and any renewals), I will not sell 

any other products for any entity competing with VISALUS. I agree that 

I no longer promote any other organization that utilizes a multi-tiered 

compensation plan. 

24. During the term of this Agreement (and any renewals) and for one (1) year 

thereafter, I understand and agree that I will not contact, solicit, or recruit 

any VIP, whether active or inactive, into any organization that utilizes a 

multi-tiered compensation plan. This includes indirect recruiting through 

Facebook or other social media. I acknowledge that my violation of this 

provision will result in immediate termination of my Promotership and 

payments of any kind.

25. I understand that if for any reason a VIP violates any of the terms of the 

Agreement and/or these Policies and Procedures, ViSalus reserves the 

right to immediately deactivate or terminate the VIP’s position. Such action 

by ViSalus will terminate any and all rights of the VIP and any further 

SD\PHQWVRIDQ\NLQGDQGLVHǑHFWLYHDWWKHWLPHRIVDLGYLRODWLRQ

26. ViSalus Executive and Business Opportunity Return Policy: An Independent 

Promoter who cancels their Promotership within 30 days of enrollment may 

return unused products from the Promoter Systems which are unopened 

and in resalable condition. A refund will be issued for the value of the 

Business Opportunity ($49) and the value of unused and saleable products 

up to $450. If an Independent Promoter cancels their Promotership within 

WKHLUÀUVW\HDUEXWPRUHWKDQGD\VDIWHUWKHLUHQUROOPHQWGDWHWKHVDPH

guidelines apply however returned, saleable products will result in a 

product credit equal to the discounted value of those products (up to $450) 

rather than a refund and will be subject to a restocking fee.

Please initial here________ to acknowledge that you have read and 

agree to the above Terms of Agreement. Your application is not complete 

unless you initial this page and submit with your Independent Promoter 

Application.

VIP TERMS OF AGREEMENT

© 2012 ViSalus, Inc. All rights reserved. D1000US-25 2/2

Fax Form to 1.877.547.1570

(%LJ%HDYHU5G6XLWH7UR\0,Customer Service 1.877.VISALUSvi.com

26-2

Case 3:15-cv-01857-SI Document 409-10 Filed 10/15/20 Page 3 of 3