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PROGRAM LEVELS
LEVEL 1 – In order to achieve the Level 1 payment a Distributor must achieve the rank
of Diamond and have monthly volume of 100,000 CV for three consecutive months. Upon
meeting both of these qualifying conditions, the Distributor shall submit to Kyäni the proposed
make, model and year of the car to be purchased or leased for approval by the company. Upon
approval, Kyäni will pay the Distributor $4,000 to be used toward a down payment on the car,
as well as monthly payments in the amount of $1,200 each month thereafter for the first year.
Payments for years two and three will be determined based upon the monthly CV volumes of the
Distributor for the previous year. The payment for year two and year three shall be calculated as
follows:
10 to 12 $1,200
8 to 9 $900
6 to 7 $600
Less than 6 $0
If the last two months of the year are below the 100,000 CV volume, then the renewal
will only be for six months.
If a Distributor needs more than the $4,000 down payment, they can elect to defer all
payments for up to one year and during that time accrue an additional $800 per month. This will
allow the Distributor at the end of the first year to have a maximum of $13,600 for a down
payment. No additional accruals beyond one year are allowed. The Distributor may, however,
request payment of the accrued amount at any time during the one year period if the Distributor
proceeds with a lease or purchase approved by Kyäni.
A Distributor is not eligible for renewal if the Distributor’s monthly volume is less than
80,000 CV for the month preceding the renewal.
LEVEL 2 – In order to achieve the Level 2 payment, a Distributor must achieve the rank
of Green Diamond and have monthly volume of 500,000 CV for three consecutive months.
Upon meeting both of these qualifying conditions, Kyäni will pay to the Distributor $2,500 per
month for one year. Payments for years two and three will be determined based upon the
monthly CV volumes of the Distributor for the previous year. The payment for year two and
year three shall be calculated as follows:
10 to 12 $2,500
Less than 10 $1,200
LEVEL 3 – In order to achieve the Level 3 payment, a Distributor must reach the rank of
Purple Diamond and have monthly volume of 2,000,000 CV for three consecutive months. If
the Distributor desires to purchase or lease a new car at the time the Distributor qualifies for
Level 3, Kyäni will pay upon its approval of the car an additional $15,000 to the Distributor to be
used as a down payment. The Level 3 monthly payment is $5,000 during year one. Payments for
years two and three will be determined based upon the monthly CV volumes of the Distributor
for the previous year. The payment for year two and year three shall be calculated as follows:
10 to 12 $5,000
Less than 10 $2,500
2. Approval of Car: Distributor shall submit the make, model and year of the car that
Distributor desires to lease or purchase to Kyäni for review and approval as well as a
copy of all lease or purchase documents for the car. Kyäni must approve the car prior to
any payments being made to Distributor, and Kyäni reserves the right to approve or
disapprove any requested car in its sole and absolute discretion. If Distributor sells the
car, surrenders it to a leasing company, or otherwise gives up possession of the car in any
way, any car that the Distributor obtains to replace it shall also be approved by Kyäni.
3. Car Identification and Decals: Distributor agrees to place such decals, signage, or other
markings on the car as Kyäni may require from time to time. Distributor shall, upon
request, provide verification and proof to Kyäni that the decals, signage or other
markings have been correctly installed on the car. The cost for the initial installation of
all such decals, signage or other markings shall be paid by Kyäni. Any subsequent
replacement of the decals, signage, or other markings on the car shall be at the sole
expense of the Distributor.
4. Use of Car: Distributor shall utilize the car for the primary purpose of building and
conducting Distributor’s business as an authorized Kyäni distributor. Distributor shall not
utilize the car for any other business purpose, nor to conduct any business for any
company which offers products that directly compete with Kyäni products.
5. Car Insurance, License, Registration, Tax and Maintenance: Distributor shall be solely
responsible for all car insurance, licensing, registration, mileage penalties and
maintenance costs for the car as may be required by any applicable lease agreement or
purchase contract in the jurisdiction where Distributor resides or conducts business.
6. Tax Liability: Distributor shall be solely responsible for all income tax, property tax,
sales tax, use tax, and all other taxes or assessments related to the Distributor’s
participations in the Program and the payments made by Kyäni to Distributor for the car.
7. Personal Release for Marketing Purposes: Distributor grants to Kyäni the unrestricted
right to use Distributor’s name, likeness, photograph or other information regarding
Distributor for the purposes of marketing Kyäni products and the Kyäni business
opportunity.
8. Conduct of Distributor: During the term of this Agreement and while utilizing the car,
Distributor shall comply with all Kyäni Policies and Procedures, shall support the
programs, activities and philosophies of Kyäni, shall operate the car in a prudent and safe
manner, and shall not use the car in any illegal activity.
10. Kyani’s Right to Terminate Payments: Kyäni may terminate payments to the Distributor
at its option upon the occurrence of any of the following:
a. If Distributor fails to comply with any terms and conditions of the Kyäni Global
Car Program;
b. Distributor enrolls as an independent agent, marketer, consultant or employee for
another network marketing or direct selling company;
c. Distributor violates any of the Kyäni Policies and Procedures as they currently
exist or may hereafter be amended by the company.
11. Damages: If this Agreement is terminated by Kyäni for any of the reasons set forth in the
preceding paragraph 10, in addition to all other remedies available to Kyäni at law or
equity, Distributor agrees to refund to Kyäni all sums paid by Kyäni to the Distributor
under this Agreement up to the date of termination.
12. United States Currency: A ll payments made under this Program shall be made in United
States currency. Kyäni assumes no responsibility or liability for any increased cost
incurred by Distributor which is a result of a change in the exchange rate between the
United States Dollar and the currency to be paid by the Distributor under any car lease or
purchase agreement.
13. Amendment and Modification: Kyäni reserves the right to make such changes and
modifications to this program as it deems appropriate in its sole and absolute discretion.
14. Additional Documents: Distributor shall execute any and all documents required by
Kyäni from time to time to comply with the Global Car Program.