POLICIES & PROCEDURES
The objective of these Policies & Procedures is to define the Rights, Duties and Responsibilities of a DORIKA MARKETING SDN. BHD. (hereinafter called “Company” or “DORIKA”) Distributor to promote harmony among Distributors and to preserve the benefits available to all Distributors.
The Policies & Procedures govern the way an Independent Distributor does business with DORIKA, other Distributors, Retail Customers and Consumers. These Policies & Procedures, along with the Sales Rewards Plan, and such other documents as may be executed /signed by DORIKA and the Independent Distributors from time to time, constitute a contract between a Distributors and DORIKA. Failure to comply with these Policies & Procedures may result in the termination of a Distributor’s Contract and/or the loss of a Distributor’s rights, entitlements and/or Bonus.
The Company reserves the right to modify any of these Policies & Procedures for any reason without prior notice. It is the responsibilities of each Distributor to read, understand, adhere to and ensure that he/she is aware of and operating under the most current version of Policies & Procedures.
DISTRUBUTOR RULES & REGULATIONS
1. ELIGIBILITY TO BECOME A DISTRIBUTOR
1.1 A person who is of legal age 18 years old can apply to be a Distributor by completing an online or offline Distributor Application Form, upload his/her NRIC and pay a member fees of RM50.00. He/ She must be sponsored by a valid and active DORIKA Distributor.
1.2 A Distributor Application Form which is incomplete is considered invalid.
1.3 The applicant is fully responsible for ensuring that the information declared or stated in the prescribed Distributor Application Form online or offline is accurate. In addition, by signing the said application from, the applicant for distributorship agrees to be and is bound by each and every term and condition of DORIKA’s Policies & Procedures.
1.4 The company reserves the absolute right to approve or reject any application for registration without assigning any reason whatsoever.
1.5 Husband-and-wife applications must be sponsored under one same Team; and applicant shall not join several sideline Teams concurrently.
1.6 All Members are Independent Distributors. The relationship between a Member and DORIKA is not that between an employee and employer; nor is he/she an agent, representative or staff of the Company.
1.7 The Member has no right to control or represent DORIKA in signing any form of contract or agreement.
2. CODE OF ETHICS FOR DORIKA DISTRIBUTORS
2.1 Distributors are always required to observe the DORIKA Code of Ethics. The Company reserves the right to terminate any Distributorship at any time for any time for any violation.
Upon enrolment, distributors are expected to pledge the following:
2.1.1 Distributor must follow the highest standard of honesty and integrity when carry out DORIKA business and under the win-win principle.
2.1.2 Distributor are abided by the DORIKA DISTRIBUTORS RULES & REGULATIONS and the Direct Sales Act.
2.1.3 Distributor must not resort to any fraudulent act in promoting DORIKA business at the expense of the direct sales industry, the Company and fellow distributors.
2.1.4 Distributor must present the DORIKA plan accurately and honestly, clearly portraying the level of effort required to achieve success.
2.1.5 Distributor must not make negative or disparaging remarks about the Company, its products, prices and employees, and must be respectful to the Company and the direct sales business.
DORIKA MARKETING SDN BHD
2.1.6 Distributor must sell the Company products at retail price without undercutting or marking-up prices.
2.1.7 Distributor must not use DORIKA trade name, information, literature, gathering of people or other DORIKA resources to further other business interests.
2.1.8 Distributor must strive to ensure his/her customers and fellow Distributors are satisfied with the Company’s products and his/her services provided.
2.1.9 Distributor is not permitted to sell/purchase any product from the Company employees.
2.1.10 Distributor must reasonably evaluate the sale volume when purchasing products from the Company and must refrain from buying in bulk for stocking purposes. The Company reserves the right to determine the product quantity to be supplied to the Distributor. Distributor shall be required to explain any suspected overstocking practice. Before a reasonable explanation is offered, the Company reserves the right to reject sale of Company products to the said Distributor.
2.1.11 Distributor must honestly declare and dutifully pay the annual income tax. He/she shall bear the consequences of non-compliance of the law or tax evasion.
2.1.12 Distributor must not sell or distribute any other product similar in nature or related to DORIKA products, whether the product is sourced from any direct sale company or otherwise.
2.1.13 Distributor must not contact or make use of any other company to carry out any commercial activity at DORIKA.
2.1.14 Distributor must not disguise other non-DORIKA products as the Company's products or be involved in any sale activity that markets DORIKA products alongside non-Company products.
2.1.15 Distributor must not attempt to raise private fund in the name of the Company or any of its organizations.
2.1.16 Distributor must take note of and dutifully abide by any new Rules and Regulations published or revised by the Company from time to time.
2.1.17 A Distributor is responsible for obtaining updated information pertaining to DORIKA and disseminating that information to his/her downline organization.
2.1.18 Distributor must not feign application forms or sign on behalf of any other individual unauthorized. The Company reserves the right to verify any document and in the event of irregularity, the Company shall reject or terminate the said transaction and shall reserve the right to pursue legal actions.
2.1.19 Distributor must not be involved in any other direct selling company either directly or indirectly. They also must not sponsor other DORIKA members to join other direct selling companies.
2.2 Product Pricing
2.2.1 No distributor is allowed to under-price or over-price any product of the company with a view to gain higher profit or to promoting sales. This action may warrant termination and/or legal by the Company.
2.2.2 The integrity of the Marketing Plan and the confidence of other distributors should be upheld at the all times.
2.2.3 Under-pricing or over pricing in the above context means: -
a) All products of the Company shall be sold at its Retail Price as decided by the Company. No distributor is allowed to raise or lower the price of any product.
b) No distributor is allowed to carry out their own promotions, unless with written approval from the company.
c) Products obtained during promotions or even purchase with purchase offer shall be sold at its retail price.
d) Distributor is not allowed to instigate, indulge and teach downlines for bonus rebate/ refund of commission to someone else in order to be more competitive in pricing.
e) Distributor is not allowed to resell DORIKAs’ products to their downlines, sidelines and other groups.
f) Distributor is not allowed to purchase /sell to staff and vice versa.
2.3.1 A Distributor shall not under any circumstances encourage, entice or otherwise assist another Distributor to transfer to a different Sponsor. Such conduct includes but is not limited to a Distributor offering financial or other tangible incentives for another Distributor to terminate an existing Distributorship and then to sign a new Distributorship under a different Sponsor.
2.3.2 No ‘Undercutting’ of distributorship shall be allowed. ‘Undercutting’ in this context means:-
a) Signing up an existing Distributor from another group
b) Signing up the wife when the husband is already a Distributor or vice versa
c) Signing up under another sponsor to operate his/her distributorship when his/her distributorship is still valid
d) Allowing other people to use his distributorship to do business
2.3.3 In the event of ‘undercutting’ the following actions shall be taken:
a) The distributorship of the Distributor who signs up Distributors or spouses of Distributors of other group shall be terminated
b) All Distributors involved shall be transferred back to their original sponsor.
c) If the spouse (A) of a Distributor (B) is found to have signed under another group, A’s distributorship will be terminated and all of A’s downline Distributors shall be transferred to B.
d) The Company reserves the right to withhold bonus payment of the offending distributor.
2.3.4 DORIKA strictly prohibits Distributors from changing sponsors and placers.
2.4 Presentation of Company Products and Business Opportunity
A Distributor must present products and business opportunities of becoming a Distributor ethically and professionally. Distributors are not allowed to make representation or sales offer relating to Company’s products which are not accurate and truthful as to price, quality, grade, performance and availability. A Distributor is not allowed to make a misleading, unreasonable or unrepresentative earning representations or claims.
2.4.1 Distributor must factually expound the nature of Company products without any exaggeration, untrue or misleading advertising or promotional tactics.
2.4.2 Distributor must explain to the customers based on the product information provided by the Company.
2.4.3 The Company's products are not meant to cure any disease or illness. Distributor must guide the customers or downlines the proper ways of using the products and handle question in accordance with the relevant procedures
2.5 Preserving Company image and reputationDistributor must strive to preserve the image and reputation of the Company and its products at all times. Distributor must not be involved in any conduct or inappropriate activity that may taint the image of the Company or its products.
2.6 Geographical rights and limitations
2.6.1 Distributor shall not own any geographical rights and limitations and shall not claim to own the distribution right to any geographical area or country.
2.6.2 Distributor shall not be party to causing products sold, to be imported or exported by any means beyond the borders of Malaysia. Distributor may need to run his/her business but Company will
not be held responsible for any claims, demand, liability, loss, cost or expense arising or alleged to arise in connection with its Distributor’s operations.
2.7 Trademark and packaging
Distributor shall not modify or alter in any way products purchased from Company or its packaging,
literature, sales tools, or any other item produced or marketed by DORIKA.
3. GENERAL BUSINESS ETHICS
3.1 A Distributor shall not display or sell the Company’s products through retail stores and shall not display Company’s logo / signboard at any places or stores and other such establishments without prior written approval from DORIKA.
3.2 Each Distributor agrees that he/she will not make by any means, misleading, unfair, inaccurate or disparaging comparison, claims, representation or statement about other Distributors, persons (including competitor) companies, their products or their commercial activities. Each Distributor also agree that he/she will not make unfair, misleading or inaccurate claims about the Company, the Products or the commercial activities of the Company.
3.3 Distributor shall not sell or promote products or business opportunities via the internet or other electronic media (eg SMS, mobile phone etc) without any prior written approval from DORIKA. All form of media sales and promotion are prohibited. This includes, but is not limited to: newspapers, magazine, radio, television, mobile phones, Internet, billboards etc. The Distributor shall be liable to pay fines and/ or penalties imposed on the Company by any bodies of authorities under any existing rules, regulations or legislations due to the Distributor’s non-compliance of this policy.
3.4 A Distributor agrees that he/she has no authority from the Company to take any steps in any country or other political jurisdiction towards the introduction or furtherance of the business. This includes, but is not limited to, any attempt to register or reserve Company names, trademarks, product name or trade names; to secure approval for products or business practice: or to establish business or governmental contacts. A Distributor agrees to indemnify the Company for all costs incur without limitation by the Company for any remedial action needed to protect or exonerate the Company and its directors/officers in the event the Distributor improperly acts on behalf of the Company.
4. ADVERTISING AND THE USE OF COMPANY NAME
4.1 A Distributor is prohibited from using any form of advertising including media to promote product or business opportunity. Product and/or business opportunity may be promoted only by personal contact and by approved Company sales aid. In addition, any distribution of promotional materials must be specifically and expressly reviewed and approved by the Company. A Distributor shall not promote the Products and/or business opportunity of becoming a Distributor through interview with the media, articles in publication, news reports or any other public information source.
4.2 No company logo or name may be used or displayed on any apartment, house, office, storefront or other physical premises and any other medium where it may be seen by members of the public except with written approval by the Company.
4.3 No Distributor may use any of the Company’s trade names, trademark, service marks, product names, logo or other intangible commercials assets registered or otherwise , in any form of advertising or promotion without first entering into a separate written agreement with the Company for each proposed use of any of the above mentioned name or devices.
4.4 None of the Company’s copyright protected materials may be reproduced, sold or distributed in whole or in part by any means without the written approval form the Company.
4.5 A Distributor shall not use business cards or other personalized sales aid containing the Company logo and names unless produced by the Company and must also contain the words “Independent Distributor” or any other words or description as determined by the company from time to time. If the business card or letterhead are to be purchased from or produced by any supplier other than the Company’sauthorized supplier, the Distributor must first receive prior written approval from the Company. In any event, the business cards or letterhead must be produced according to the specific guidelines authorized by the company.
4.6 Under no circumstances may any corporate name of the Company be used by a Distributor.
5. DISTRIBUTOR LISTS
5.1 Distributor Lists are confidential and are the exclusive property of DORIKA. The lists, in the present or future form, constitute commercially advantageous proprietary assets and trade secrets of DORIKA which the employees of the Company have agreed to hold confidential. The right to disclose Lists and Distributor information maintained by DORIKA is expressly reserved by DORIKA and may be denied at DORIKA’s discretion.
5.2 DORIKA may at its sole discretion provide a unique tailored portion of the Lists to Distributors, for a reasonable fee. Each portion of the provided Lists contains only information specific to the Distributor‘s level and his/her own downline organization. These List may be provided for the exclusive and limited use of the Distributor to support the training and servicing of the Distributor’s downline organization for DORIKA business only.
6. RENEWAL OF DISTRIBUTORSHIP
6.1 The deadline for distributorship renewal shall be one (1) year from the day of joining DORIKA as Member.
6.2 Membership renewal is by annual term by either RM50 renewal fee or performing any amount of retail purchase within the active year.
6.3 If a Distributor fails to comply with above clause 6.2, his/ her Distributorship will be automatically be expired after the expiry date.
6.4 Distributor may rejoin the Company after the termination of his/her previous membership, either by the same sponsor or under different team. However, distributor rejoining shall not be entitled to all the rights, bonuses and rewards he/she was entitled to under the original sponsor's Team.
7.1 A Distributor may option to terminate his/her membership at any time, and for any reason, by sending a written notice of termination to DORIKA. Termination becomes effective as of the date DORIKA receives written notice of termination or such later date as may be specified in the termination notice.
7.2 A Distributor can only re-apply to join as Distributor after six (6) months from the day his/her termination notice is accepted by the Company, and is subject to company approval.
7.3 Any Distributor whose membership has been terminated shall automatically no longer be entitled to the benefits and status of his/her membership and his/her downline organization shall be transfer to his/her direct active sponsor.
7.4 Distributor whose membership has been terminated shall not allow to participate either directly or indirectly in any activity organized by the Company or any of its Distributors. He/she must also refrain from acting as an DORIKA distributor and must not get involved in any act which is unfavorable, influential, and divisive or could potentially damage the Company's image or negatively influence any other Distributors or employees.
7.5 Any violation of this Policies & Procedures by any Distributor may result in termination of the Distributorship. The termination procedure shall be as follow;
a. DORIKA will send written notice of intent to terminate offending Distributor:
b. The said Distributor will then have twenty (20) working days in which to present his/her case to DORIKA for review; and
c. DORIKA will then make the final decision whether or not to terminate the offending Distributor and the decision rest solely at the discretion of DORIKA without the need to assign any reason thereof and cannot be contested by the Distributor.
8. SALES/ TRANSFER/INHERITANCE OF DISTRUBUTORSHIP
8.1 A Distributor may dispose of, transfer or otherwise assign at Distributor own cost and expense, his/her right under the Distributorship to payment of Bonus in accordance to the DORIKA Plan in any manner allowed by applicable law, subject to the prior written approval of DORIKA, which may not be unreasonably withheld. DORIKA will review the proposed transferee’s qualification and intentions to manage and develop the business and may accept or reject the proposed transferee at its sole discretion.
8.2 The disposal, transfer or assignment will not be recognized in the records of DORIKA until it has received the written notification of the same and has given its formal written approval thereto.
8.3 The transferor or his spouse is not permitted to apply to be admitted as a Distributor of the Company within six (6) months of the transfer of distributorship and the company reserves the right to reject his application for any new distributorship.
8.4 If a Distributor passes away or physically no longer able to carry out the Company business, his/her statutory heir can apply for membership transfer or inheritance within six (6) months. If no application of membership transfer or inheritance has been received by the Company within six (6) months, the membership of the original Distributor shall be deemed non-transferable or non-inheritance.
a) The heir to the membership must be a direct family member of the Distributor aged 18 and above. Direct family member in this context means parent, legal spouse and children.
b) If an heir is already a member of DORIKA, his/her inherited membership shall be maintained as an upline-downline relationship with his/her own membership and must not as sideline relationship.
9. ARBITRATION CLAUSE
9.1 The law of Malaysia shall govern these Policies and Procedure and any agreement between DORIKA and Distributor. In the event a Distributor seeks to bring any legal proceedings against DORIKA for any alleged breach of any legal policy or procedure, agreement or any other alleged cause of action, the said Distributor shall provide prior written notice to DORIKA of his/her intent to institute legal proceeding against DORIKA. The Distributor shall provide such notice to DORIKA at least twenty (20) working days prior to the institution of any legal proceedings. The Distributor must file his/her lawsuit against DORIKA in the courts of Malaysia.
9.2 Within twenty one (21) working days of receipts of any such written notice, DORIKA, as its option, may choose to have the dispute with the Distributor referred to and resolved by arbitration pursuant to the rules and procedures under Arbitration Act 1952 respectively for the resolution of the dispute, unless the parties mutually agree on some other rules for arbitration. In the Even DORIKA exercises its option to have the dispute arbitrated, the Distributor shall immediately cause any lawsuit that the Distributor may have filed against DORIKA to be dismissed. The arbitration proceedings shall be held in Malaysia.
The waiver by the Company of any Distributor’s breach of any provision of the Contract must be in writing and will not be construed as a Waiver of any subsequent or additional breach. The failure by the Company to exercise any right or prerogative under the Contract will not operate as a waiver of such right or prerogative.
PRODUCT GUARANTEES, RETURNS & BUY BACK POLICY
1. Product Guarantee
If the products purchased by either the Distributor or Retail Customer is proven to be of substandard quality or with manufacturing defects, the Company guarantees replacement. However this guarantee does not extend to contamination due to expiry and damages, negligence or deliberate act by the Distributor and retail customer or consumer.
2. Cooling Off Period
2.1 The Direct Distribution Agreement allows customer to enjoy ten (10) working days of cooling off period starting from the day the agreement is signed. During the cooling off period, customer may cancel the order anytime when he/she changes his/her mind on the purchase.
3. Product Return Policy
3.1 Distributor must inspect all products ordered at the time of delivery. Once accepted by a Distributor upon delivery, the product delivered shall be deemed to conform to such Distributor’s order in good condition and free from defects. Company will exchange Products only if the returned products are damaged due to shipment, incorrectly sent or are of substandard quality.
3.2 To exchange the Products, the Distributor must comply with these rules:
a) The request for exchange must be made to the Company within seven (7) days of the receipt of the products.
b) Authorization from the Company is required to initiate the exchange. The Company will instruct the Distributor on the correct procedures for returning the products.
c) The distributor is required to submit the following at the time of exchange;
• Customer Feedback Form/Product Return Form
• Copy of Invoice and proof of payment
• Copy of Delivery Order
• Product to be returned/exchanged.
3.3 The Company shall inspect the goods returned and reserve the right to reject return request if any of the following is found:
a) Product not in complete packing/set
b) Contamination due to intentional damages, negligence or deliberate act by the Distributor
c) Inappropriate storage
d) Incomplete or untrue information provided
3.4 Retail Customer can exchange the product from the Distributor from whom they had purchased the same, within sixty (60) days from the date of purchase. They must provide a valid reason and return the said product along with the customer order receipt copy to the Distributor.
3.5 In case of a Retail Customers request for money refund or replacement of products instead of product exchange, it is the Distributor’s obligation to satisfy the Customer’s needs.
4. BUY BACK POLICY
4.1 This applies when a Distributor through previous documentation, terminates his/her distributorship within six (6) month; 180 days after purchasing of the products.
4.2 Upon termination of the distributorship, the Company will refund the original purchase price after deduct 10% administration fee, less paid applicable Bonus (plus applicable sales tax and/or other if paid) on reasonably sound, unopened, unaltered, re-saleable and re-stockable products that are returned by the Distributor who purchased the products form the Company. The Product invoice for the said product should be not more than six months (180) days period.
4.3 Distributor is required to produce the proof of purchase and upon satisfactory verification, company shall direct credit the refund amount to the applicant within fourteen (14) working days. Any relevant fees incurred as a result of the remittance shall be borne by the applicant.
4.4 In the event of goods return, any distributors receiving bonus / commission and promotion in rank as a result of the transaction earlier will be revoked.
4.5 The Buy Back Policy is designed to impose upon the sponsor and the Company obligation to ensure that the distributor is buying products wisely. Distributors are advised to buy products that they can reasonably sell or consumed within a sixty (60) days period.
4.6 The following shall not be accepted for return:
— Marketing materials/tools
— Promotional items/ Free Gifts
— Products that already unpacked/altered/used
— Less than 6 months of product validity
— Incomplete or false information provided
— Products with Contamination due to intentional damages, negligence, deliberate act by the Distributor or inappropriate handling/storage.
ORDERING PRODUCT AND SALES TOOLS
1. A Distributor may order Products and Sales tools by completing a product order form. There is no minimum order, however shipping and handling cost may vary depending on the amount of Products and Sales Tools purchased.
2. Every Independent Distributor may made order directly from Company. Details such as accurate membership number, name, address and contact number and items intend to purchase must be clearly stated for smooth processing handling and verification purposes.
3. Orders may be made by online, email or personally walk-in to any authorized distribution center.
4. A Distributor has no specific minimum inventory requirements. A Distributor must use his/ her own judgment in determining the inventory need based on a reasonable projection of retail sales. A Distributor is prohibited from ordering more than a reasonable inventory. By placing an order, a Distributor certifies that he/she has resold at least 80% of any previous orders.
5. Payment method：
5.1 Payment must be made upon order by cash, money order, credit card, company cheque (inclusive bank charges, if any). Any payment which is not supported by sufficient fund constituted a breach of contract, where necessary, a service fee will be charged. However, it is the Company’s discretion to accept or reject payment by bank cheque without assigning any reason thereof.
5.2 Cash payment can be made via online transfer or direct bank-into the company account.
5.3 It is a Distributor responsibility to ensure that the company has received his/her payment. Hence a Distributor is advised to inform the company of the payment made by sending in the payment receipt to company by email with details information (Distributor Name, Contact Number and chosen Products), attention to Sales Processing/Customer Service Department.
5.4 A Distributor is not allowed from submitting any order in the name of other Distributor without the other Distributor ‘specific prior written approval which must first communicated to the Company.
6. Order/purchases can only be delivered when payment is fully settled. Proof of payment must be received by company before order are shipped.
7. A Distributor may choose to collect the order personally or by delivery service. Charges will be imposed for delivery service.
a. When collecting goods personally, Distributor is advised to check and verify the transaction details included number of items, items description, total payment, customer details etc. before signing on the delivery order.
b. When receiving an order from shipment provider, a distributor is advised to check on the items against the delivery note immediately in the presence of the service provider. Shall there be any discrepancies, defects, or damages on the outer carton，please state it clearly on the delivery note before signing and report the case to company’s Customer Service Department within 2 working days upon date of received.