THERMOMIX INDEPENDENT CONSULTANT HANDBOOK

THERMOMIX® Independent Consultant Handbook 1

THERMOMIX® INDEPENDENT CONSULTANT HANDBOOK

These guidelines come into force as of July 3, 2020 This version supersedes all previous versions.

© 2020 Vorwerk, LLC. All Rights Reserved. Vorwerk, Thermomix, Cook-Key, and Cookidoo are proprietary trademarks of Vorwerk (or its affiliates). Any unauthorized use is expressly prohibited.

THERMOMIX® Independent Consultant Handbook | July 3, 2020


CONTENTS CONTENTS 2

YOUR THERMOMIX® BUSINESS 4

CODE OF CONDUCT / ETHICS 5

Sell Only Through Authorized Channels of Distribution 5

Follow the Independent Consultant Business Model 6

Advertising 6

Protect Intellectual Property and Confidential Information 6

Sales, Marketing, and Advertising Materials 7

Make Accurate Product Claims 7

Don’t Make Income Claims 7

Serve Your Clients 7

Other Brands 8

Competitor Comparisons 8

Act Ethically and Honestly 8

Communicate 8

COMPENSATION PLAN 8

Definitions 8

CONSULTANT BENEFITS 9

COMMISSION PLAN 10

Basic Commission 10

Activity Bonus 10

Sponsor Bonus 11

Additional Bonus Types and Rewards 11

ALL COMMISSION(S), BONUS(ES), AND REWARD(S) ARE SUBJECT TO THE BELOW TERMS 11

Commission / Bonus / Reward Deemed Earned 11

Payment Cycle and Method 12

Eligibility Following Termination 12

Tax Considerations 12

Sales Order Adjustments 12



Questions About Your Commission 13

YOUR INDEPENDENT CONSULTANT TOOLS 13

Welcome Kit 13

Training 13

Sales Team Meetings 13

Basic Cooking Classes 14

Business Cards 14

Host Gifts 14

E-mail 15

Websites 15

BUSINESS OPPORTUNITY 17

CONSULTANT REGISTRATION 17

TERMINATION 17

REINSTATEMENT 18

INSURANCE 18

REPAIRS 19

SOCIAL MEDIA PRESENCE / PLATFORMS 20

GENERAL SOCIAL MEDIA GUIDELINES 20

SOCIAL MEDIA ACCOUNT SETUP 23

USERNAME, ACCOUNT OR HANDLE NAME 24

PROFILE OR BIO INFORMATION 24

CONTENT USE AND CREATION 24

IMAGES AND VIDEOS 25

WRITTEN CONTENT 26

QUESTIONS 27



YOUR THERMOMIX® BUSINESS At VORWERK, LLC (“VORWERK™” or “we” or “us” or “our”), we are committed to providing the best experience for all our Customers because we know that happy Customers mean a successful business for you, our THERMOMIX Independent Consultants (hereinafter referred to as “Consultant” or “Consultants” or “Independent Consultant” or “you” or “your”). The reputation and success of VORWERK, as a whole, is based on the premise of the honorable salesperson providing products and services of excellent quality that exceed their Customer’s needs and expectations and match the THERMOMIX brand promises. Each and every Consultant embodies this spirit and must approach every interaction with a prospective Customer (or “lead” or “prospect”), Customers, and each other as an opportunity to demonstrate our shared principles:

• Customer Focus • Create Entrepreneurship • Exceptional Quality • Think and Act for the Long Term • Open to Change

Each personal demonstration should therefore reflect the high quality of the THERMOMIX brand and the hygiene requirements of a Cooking Experience. This Consultant Handbook (“Consultant Handbook”) is an essential part of our relationship with you. It outlines THERMOMIX brand expectations and provides guidelines to conduct your Independent Consultant business. Please review the Consultant Handbook in its entirety so you’re able to understand and implement our proven business building knowledge and maintain good standing with VORWERK throughout your Consultant career. For purposes of this Consultant Handbook, the terms “Welcome Kit,” “Consultant,” “Consultant Handbook,” “Consultant Obligations,” “Commission,” “Commission Plan,” “Commission Statement,” “Confidential Information,” “Customer,” “Customer Order,” “Full Payment,” “Sale,” “Territory,” and “Training” have the same meaning as that identified in the Independent Consultant Agreement. Please note that the Consultant Handbook, in its entirety is incorporated into the Independent Consultant Agreement by reference, and we reserve the right to amend the Consultant Handbook, and any section thereof from time to time in our sole and absolute discretion. In such case, we will provide you with 30 days’ written notice before such amendment becomes effective, except in the case of minor administrative changes.



CODE OF CONDUCT / ETHICS You must conduct your Independent Consultant business in an honest and ethical manner and operate in a competent and efficient manner so as to promote and uphold the names and reputation of VORWERK and the THERMOMIX. A Consultant must at all times avoid all dishonest, misleading, deceptive, or unethical conduct or practices. The below, while not all-inclusive, but rather representative, is a list of conduct to which Consultants must adhere:

• Sell Only Through Authorized Channels of Distribution • Follow the Independent Consultant Business Model • Protect Intellectual Property and Confidential Information • Make Accurate Product Claims • Don’t Make Income Claims • Serve Your Clients • Act Ethically and Honestly • Communicate

Sell Only Through Authorized Channels of Distribution You must share the THERMOMIX only via personal demonstrations – the “Cooking Experience” (best described as personal interaction with a prospect). While a virtual demonstration is allowed, the ideal is person-to-person, as the Cooking Experience stimulates the 5 senses, allowing a prospect to experience the THERMOMIX for themselves and learn of its many benefits. A personal demonstration is the best way to:

• Present the main features of the THERMOMIX in a clear and understandable way, using only official product claims, as stated in sales materials provided by VORWERK.

• Provide the prospect with the opportunity to actively try and test the THERMOMIX features, as well as its eco-system services, so as to meet his/her needs.

• Clearly communicate the current retail price, including taxes, and indicate that shipping and handling costs may be added to the order. You can find the current retail price of any VORWERK product in the VORWERK eShop at https://shop.thermomix.com/.

• Explain VORWERK’s approved payment methods, warranty and after-sale service. • Inform Customers about VORWERK’s 30-day refund policy.

Given that your role as a Consultant is to promote the sale of THERMOMIX, but not actually purchase for resale, the following sales channels/methods are NOT ACCEPTABLE (either directly or indirectly), unless prior written approval is received from the Branch Manager:

• Retail / Online Retailer – in any retail / online situation of any form (e.g, . eBay, Amazon, or any other online marketplace).

• Public Events (e.g., trade shows, fairs & expos) – while being present at these types of events is a great way to get prospects, it generally does not allow for the necessary full demonstration.

https://shop.thermomix.com/



• Online Shop – whether a personal online shop or a 3rd party shop. All your Customer online transactions must originate from your official VORWERK personal web link.

• Mail Order / Catalog – whether personally produced catalogs or those offered by 3rd parties. Follow the Independent Consultant Business Model You must conspicuously identify yourself as a THERMOMIX Independent Consultant in all forums in which you promote your Independent Consultant business. It is also highly recommended that each Customer is offered a Cooking Experience, a Get Cooking Session and a Basic Cooking Class: these services enable the Customer to start to understand how to cook with the THERMOMIX every day. The Get Cooking Session allows the proud owner of the THERMOMIX to share the reasons why he/she bought the THERMOMIX with his/her family, friends and colleagues. In turn, a Customer that uses the THERMOMIX regularly will be a great source of future referrals. We recommend you book new Cooking Experiences with the referrals from and guests at your Cooking Experiences and keep constant track of them, in order to offer great care and take maximum advantage of your Consultant opportunities. Keep in mind that you may only promote the current retail price of any VORWERK product, as specified in the VORWERK eShop at https://shop.thermomix.com/. A gift with purchase promotion or offer (of any type, other than VORWERK product bundles) is unethical and unacceptable. In any event, all business interactions must comply with local, state, federal, and international laws at all times.

Advertising The primary channel for communicating about and promoting the THERMOMIX is through personal relationships and engaging prospects to experience a Cooking Experience. We have found that initiating and developing new prospective Customer relationships are best done in-person to ensure the best Customer experience. To create an aligned and consistent brand and product awareness for all, only VORWERK may conduct public advertising campaigns and public relations activities. This includes, but is not limited to, TV, radio, billboard, magazine, newspaper, and all forms of online advertising (e.g., Google AdWords), and all forms of public press releases / information about VORWERK or the THERMOMIX. You may, however, promote / market your Independent Consultant business through your website and social media channels, subject to the limitations set forth herein (see “Social Media Presence / Platforms,” below).

Protect Intellectual Property and Confidential Information It is of utmost importance that you abide by the below terms and conditions set forth herein regarding the use of our intellectual property (e.g., trademarks and copyrights), in order to protect and preserve our rights. You must NEVER use the trademarks “VORWERK,” “THERMOMIX,” “COOK-KEY,” “COOKIDOO,” any variations or deviations or similar derivatives (e.g., “Thermi” or “Thermo”), or any other trademarks / product names used by VORWERK (e.g., TM, TM5 or TM6). EXCEPTIONS: trademarks / product name used ONLY for identification purposes (i.e., “THERMOMIX Independent Consultant”) or to describe the name of the product, so long as the name always starts with a capital letter and is in the same typeface as the surrounding text. In any event, a “®” symbol must ALWAYS be used with the trademarks THERMOMIX®, COOK-KEY® and COOKIDOO®. For clarification purposes, you may NOT use our Trademarks in connection with, including but not limited to, an email address, website domain name, social media name or

https://shop.thermomix.com/



address, or unapproved tools. This also applies to so-called “typo” domains; the use of our trademarks, even if misspelled, is prohibited.

Also, the trademarks “VORWERK,” “THERMOMIX,” “COOK-KEY,” and “COOKIDOO” may not be: (a) used as a verb; (b) declined (e.g., the THERMOMIX’(s) position on the kitchen counter…); (c) used in plural; or (d) used with a possessive pronoun. You are required to not only protect VORWERK’s intellectual property, but also keep any client information confidential.

Sales, Marketing, and Advertising Materials The above responsibilities apply to all sales and marketing materials provided. VORWERK provided sales and marketing materials, in print or digital form or otherwise, are intended for an Independent Consultant’s business use only. They may not be copied or edited and must be used as provided / “as is.” In any event, all provided materials are owned by VORWERK. For clarification purposes, a Consultant may neither create his/her own marketing materials from the VORWERK provided materials, nor use VORWERK’s logos or trademarks on any personally created materials. Specifically, you do not have the right to use our trademarks or any copyrighted materials independently of the VORWERK provided finished materials. If you become aware of any activity that may infringe our intellectual property rights (e.g., trademark and copyright), you should immediately inform us at [email protected].

Make Accurate Product Claims You are fully responsible for each and every statement or claim made and/or action taken regarding the THERMOMIX. You must never engage in dishonest, deceptive, or misleading behavior in conjunction with your Independent Consultant business, or make any false, deceptive, misleading, or incorrect claims about the THERMOMIX. Making product claims that are untrue or exaggerated (e.g., “you can bake anything in it!”) will undermine Customer rapport building and may result in the incorrect or unsafe use of the THERMOMIX. To make sure a Customer is happy with the provided service, you must ensure that only official product claims are made, such as those set out in THERMOMIX’s materials, without adding to or withholding information from those claims.

If in doubt, you must not make a product claim that you are unsure of. Instead, you should consult with your respective Leader (e.g., Team Builder, Team Leader, etc.) or Branch Manager or [email protected].

Don’t Make Income Claims You must not make statements of potential or guaranteed income related to the THERMOMIX Independent Consultant opportunity. When discussing the THERMOMIX Independent Consultant opportunity, you must give others a realistic view of what an average person can reasonably expect to earn as a THERMOMIX Independent Consultant and of the time and effort involved.

Serve Your Clients You must act with professionalism, quality, kindness, passion, attention, team spirit, and expertise. To provide the best experience to all our Customers we act respectfully and focus on each Customer’s needs: it’s your duty to ensure that the Customer has understood all the safety guidelines for using the THERMOMIX and the offer to

mailto:[email protected]




purchase the THERMOMIX. You must provide clear, complete, and understandable information, as well as answer all questions clearly.

You must ensure that all Customers are fully capable of understanding what they are purchasing and the benefits that they will receive. All Customers must be 18 years old or older.

Other Brands In order to provide the best experience to all our Customers and maximize the opportunity to sell, during a THERMOMIX demonstration you may only present the THERMOMIX and no other product. Promotion of or recruitment for other direct sales companies may negatively impact the THERMOMIX brand. While you may sell and promote other products and/or brands, to protect the THERMOMIX brand you may not do so in association with the THERMOMIX brand, even temporarily, unless you receive prior written approval from VORWERK.

Competitor Comparisons Comparing the THERMOMIX with other companies operating in the same product sector may undermine the principles of fair competition. We recommend speaking only about the benefits of the THERMOMIX rather than discussing other companies’ products. When you express opinions, whatever the subject, you must do so on a personal basis, without ever giving the impression that you have the authority to speak or act on behalf of VORWERK.

Act Ethically and Honestly Treat your business like any other prestigious enterprise and fulfill commitments you make to your clients, fellow THERMOMIX Independent Consultants, and to THERMOMIX. Do not engage in deceptive, unlawful, or unethical behavior. Confirm that all commercial and promotional activities respect the principles of fairness and transparency: we do not accept ambiguous practices, or those that may be unfair, misleading or disloyal.

Communicate We’re in this together and here to help. Any questions or concerns about the THERMOMIX’s Code of Ethics or Consultant Handbook, should be addressed with your Leader / Branch Manager or [email protected].

COMPENSATION PLAN We are committed to rewarding our Consultants for sharing their passion and knowledge about the THERMOMIX by providing certain Consultant rewards and paying commission on personal sales to Customers.

Definitions

Term Definition Active A Consultant must complete the Sale of at least one Unit within one Bonus

Period to be considered “Active” for that period.




Bonus Period

The Bonus Period is defined by calendar month (e.g., 1st of January to 31st of January, 1st of February to 28th of February, 1st of March to 31st of March, 1st of April to 30th of April).

Consultant Any individual performing under this Agreement (i.e., a person who has completed all necessary legal documentation and training as laid out in the Consultant Agreement).

Consultant Start Date The date on which a consultant is activated by the appropriate party as a result of completing necessary legal documentation and training as laid out in the Consultant Agreement.

Good Standing A Consultant is considered to be in “Good Standing” (with respect to commission eligibility) for the current Bonus Period and for 2 additional Bonus Periods after that, if one or more of the following occurs during a Bonus Period: (i) a Consultant is considered to be “Active” during that period; and/or (ii) a Consultant is accurately reflected as the Sponsor of record for a new Consultant that has completed registration under an Earn Your THERMOMIX Option.

Sell or Sale or Sold A properly completed Customer Order for one or more Unit(s) accompanied by full payment (or, in the case of a finance option, cleared funds).

Sponsor A Consultant who recruits another person who then becomes a Consultant. Team Leader A Team Leader is a Consultant who has fulfilled the requirements to become

a Team Leader, including attending the Team Leader training, and is now responsible for training and supporting the Consultants assigned to them by the Company.

Team Builder A Consultant approved to participate in a qualifying period to title as a Team Leader.

Unit A saleable item that includes a THERMOMIX is classed as a Unit.

CONSULTANT BENEFITS All Consultants in Good Standing may be eligible (at VORWERK’s sole discretion) to receive:

• A replacement of excessively worn accessories on the most recent THERMOMIX model (e.g.,

measuring cup, mixing knife, spatula, and butterfly whisk), no more than one of each within every 12-month period (regardless of model).

• Free of charge Thermomix® repair service on the most recent THERMOMIX model.

Please contact [email protected] for next steps.




COMMISSION PLAN An Active Consultant (based on rank) is eligible to earn and/or receive Commission, Bonuses, and Rewards as outlined below and as communicated by VORWERK in writing (see Embrace Success 2020 in the Consultant Lounge):

Basic Commission All Consultants in Good Standing are eligible to receive Basic Commission. The Basic Commission will be as follows: For each Unit personally sold, $150 Basic Commission will be paid.

Productivity Bonus All Consultants in Good Standing are eligible to receive Productivity Bonus.

Units Sold Productivity Bonus (Total Paid based on Volume of Units Sold)

0-1 $0 2 $30 3 $90 4 $180

5+ Add $90 to total for each unit above 4.

Example 1: If Sally sells 2 Units during a Bonus Period her Productivity Bonus will be $30. Example 2: If Erin sells 6 Units during a Bonus Period, her productivity Bonus will be a total of $360. Using the table above to illustrate, it’d be $180 for the first 4, then +$90 for the 5th and +$90 for the 6th Unit sales. (180+90+90=360). Example 3: If Janice sells 8 Units during a Bonus Period, her Productivity Bonus will be a total of $540. Using the table above to illustrate, it’d be $180 for the first 4, then +$90 for the 5th, +$90 for the 6th, +$90 for the 7th and +$90 for the 8th Unit Sale (180+90+90+90+90=540).

Activity Bonus All Consultants in Good Standing are eligible to receive Activity Bonus.



So long as a Consultant remains in Good Standing, the Activity Bonus is paid as follow:

Cumulative Units Sold (Current Bonus Period + Previous Bonus Period)

Activity Bonus (Total Paid based on Cumulative Units Sold Value)

0 $0 1 $0

2-3 $50 4+ $100

Example 1: If Sally sells 3 units in February and 1 Unit in March, during the Bonus Period payout for the month of March, Sally will earn the $100 Activity Bonus. Example 2: If Janice sells 1 Units in January and 1 Units in February during the Bonus Period payout for the month of February, Janice will earn the $50 Activity Bonus.

Sponsor Bonus All ranks except Team Builder are eligible to receive Sponsor Bonus. To reward Consultants for sharing the Consultant opportunity with others (“Recruit”) who successfully sell Units, a Consultant is eligible to receive a Sponsor Bonus in the amount of $100 when a Recruit sells their first unit. The Sponsor Bonus will be as follows:

Units Sold (by Recruit) Sponsor Bonus (for Consultant Sponsor) 0 $0 1st $100

Team Builders have a different payout for sponsoring, which is listed in the Consultant Handbook – Team Leader.

Additional Bonus Types and Rewards See Embrace Success 2020 in the Consultant Lounge.

ALL COMMISSION(S), BONUS(ES), AND REWARD(S) ARE SUBJECT TO THE BELOW TERMS

Commission / Bonus / Reward Deemed Earned All referenced Commission(s), Bonus(es), and Reward(s) will be deemed earned ONLY when full payment (or, in the case of a finance option, cleared funds) is received from the Customer and the Customer does not return the Unit(s).



Payment Cycle and Method All Commission(s), Bonus(es), and Reward(s) are calculated after the conclusion of each Bonus Period and will be paid out by bank transfer, to the Consultant’s nominated bank account, as provided on the Independent Consultant Agreement, on or before the 15th of the following month. If no valid payment method is available, a Consultant’s Commission will be withheld until updated bank account information is provided by Consultant. In accordance with the Independent Consultant Agreement, we will issue a Commission Statement to You with respect to the Commission due. The Commission and Bonus amount reflected on the Commission Statement will include both earned and unearned Commission(s) and Bonus(es). In the event we do not receive full payment for a Unit(s) (or a Unit(s) is returned) within three Bonus Periods from the date of the Customer Order, said applicable paid Commission(s) and/or Bonus(es) amount will be deducted from the next payment of Commission(s)/Bonus(es), as reflected on the Commission Statement.

Eligibility Following Termination Only Active Consultants are eligible for Commission(s), Bonus(es), and Reward(s). If your Independent Consultant Agreement is terminated, for any reason, a Consultant will be provided all Commission and Bonus(es) earned on or before the termination date. In addition, a Consultant will remain eligible to receive Commission(s), Bonus(es), and/or Reward(s) through the end of the Consultant’s last Active Bonus Period (“Separation Commission Period”). Final payment will be provided within 15-days of the end of the Separation Commission Period. Thereafter, all Commission and Bonus entitlement ceases.

Tax Considerations As Consultants are independent contractors, VORWERK will declare any Consultant earnings meeting IRS reporting thresholds via 1099 forms on an annual basis. Consultants are fully responsible for the proper declaration of their earnings/taxable benefits (e.g., commission, bonuses, prizes, rewards, etc.) and payment of any income tax that may be due. If VORWERK does not have the required and up-to-date information for a Consultant (i.e., Consultant’s W-9 form), we may be obliged to withhold Commission by law at a rate mandated by the IRS. Please ensure that you always provide your W-9 in a timely fashion. Note: Incentive trips and other non-cash Prizes / Rewards that are paid for by VORWERK are taxable benefits and will be included on your 1099 accordingly based on the value of the benefit provided.

Sales Order Adjustments In the event that any order is not correctly attributed to you, you may request the order to be reassigned by providing the following information to your Branch Manager:

• Customer’s Full Name



• Customer’s E-mail address • Description of Situation (that led to order not being correctly attributed), if known • Date of last contact with the Customer • Order Number (if known) • Was a demo performed?

We are only able to reassign orders within 60-days of the original order date and reserve the right to confirm the order attribution directly with the Customer. Submissions for reassignment received after 60-days will not be processed.

Questions About Your Commission Should you have any questions about your Commission, please feel free to contact the Customer Service team at [email protected].

YOUR INDEPENDENT CONSULTANT TOOLS As a Consultant, you will have access to different tools to support and assist you in growing your business.

Welcome Kit In the Welcome Kit, you will find a sampling of vital sales tools for conducting successful Cooking Experiences that will guide you through important achievements for your Consultant journey. VORWERK is committed to supporting capable and successful Consultants to thrive.

Training We organize training courses to provide each new Consultant with safety training and to introduce the available tools to equip Customers with the knowledge needed for correct and safe use of the THERMOMIX. We are aware of the importance of this activity, and for this reason we require all new Consultants to complete safety Training. Only fully trained Consultants can truthfully demonstrate and sell the THERMOMIX and its accompanying services in the quality needed to transform a prospect into a Customer using the THERMOMIX for daily cooking.

Sales Team Meetings After the required New Consultant safety training, we provide periodic updates and optional (through strongly encouraged) training through our meetings and various field events. VORWERK is committed to constantly investing in the training and education of its sales force. Please contact your Branch Manager to learn of planned meeting dates. Your presence is strongly recommended to keep you informed of all the news and promotions, and to help you provide an excellent Customer experience. These events are designed to fuel the success of our Consultants and foster their sales careers.




Basic Cooking Classes We commit to provide a free basic cooking class to every Customer that has already received a personal Cooking Experience or Get Cooking Session. The basic cooking class is a service that increases the knowledge of the THERMOMIX Customer and feeds the word of mouth that is the base of our success. Our Customers will experience this group cooking class as a unique and customized opportunity to fully discover the potential of the THERMOMIX – the best kitchen companion in everyday life. During the basic cooking class, Consultants should act with professionalism, quality, kindness, passion, attention, team spirit, expertise, and Consultants should communicate the philosophy of the THERMOMIX. Basic cooking classes are organized by a Branch Manager in collaboration with Leaders/Consultants. Cooking class dates are available from each Branch Manager. A basic cooking class (open to the public) cannot be conducted without written approval of the Branch Manager.

Business Cards We provide a template for you to create your own branded business card (available at http://vistaprint.com/thermomix). The business card facility provided through Vistaprint ProShop is for use by currently Active Consultants. Should you no longer be engaged by VORWERK as a Consultant, you may no longer use the business cards. Please ensure that your business card at all times identifies you as an Independent Consultant, and that you use only your personal contact details (including mailing address) on the business card. You may not use a VORWERK business address on your card. Our logo / trademark may only be used with the business cards available at Vistaprint. You may not use our logo / trademark with business cards other than those available at Vistaprint.

Host Gifts We are committed to rewarding all Cooking Experience hosts. Host Gifts are available to Customers who host an in-home or virtual Cooking Experience, subject to the below Qualifying Terms and Conditions. Please contact your Leader, Branch Manager or [email protected] for the current Host Reward Program details. Qualifying Terms and Conditions:

• A minimum of two (2) guests (separate households) must participate in the Cooking Experience for the host to be eligible for the Host Gift.

• A THERMOMIX Order must be placed by a guest or the host. • One Host Gift per qualifying Cooking Experience. • Host Gifts are provided based on the offer available at the time of the Cooking Experience. • To qualify for subsequent Host Gifts offered, another Cooking Experience must take place. • Host Gifts may not be used as a “gift with purchase” promotion. The Host Gift is for the host of a qualifying

Cooking Experience only.

http://vistaprint.com/thermomix




E-mail We encourage you to create an e-mail address for your business. The e-mail must be personally connected to your name or your business name and may NOT include the trademarks “VORWERK,” “THERMOMIX,” “COOK-KEY,” “COOKIDOO,” any variations or deviations or similar derivatives (e.g., “Thermi” or “Thermo), or any other trademarks / product names used by VORWERK. This also applies to so-called “typo” domains; the use of our trademarks, even if misspelled, is prohibited. Feel free to use any e-mail address that uses your own name or your business name, so long as you do not use the tradermarks / product names stated above.

For example: • Jennifer Charleston may use the e-mail address [email protected] or

[email protected] as her business e-mail. • Jennifer Charleston may NOT, however, use [email protected] or

[email protected] or [email protected].

All email communications with a prospect must be consented to and comply with this Code of Conduct and applicable state and federal laws and regulations at all times (e.g., CAN-SPAM).

For example: • E-mail distribution lists should make certain that all recipients’ e-mail addresses are not visible. • Customer details must be kept private. • E-mails may only be sent to recipients who have given opt-in consent; if a Customer has not given

you their e-mail address, you must not use this form of communication.

Websites You may create a personal website to promote your Independent Consultant business. You may register any internet domain name (i.e., URL) that uses your own name or your business name, so long as you do NOT include the trademarks “VORWERK,” “THERMOMIX,” “COOK-KEY,” “COOKIDOO,” any variations or deviations or similar derivatives (e.g., “Thermi” or “Thermo”), or any other trademarks / product names (e.g., TM, TM5 or TM6) used by VORWERK. This also applies to so-called “typo” domains; the use of our trademarks, even if misspelled, is prohibited.

For example: • APPROVED: www.healthyeating.com or www.homecooksally.com • NOT approved: www.thermomix.net or www.ThermoJenny.com or

www.AS-thermomixindependentconsultant.com If you decide to create your own website, YOUR WEBSITE MUST CONSPICUOUSLY IDENTIFY THAT IT IS THE SITE OF A THERMOMIX INDEPENDENT CONSULTANT AND ALL TITLE TAGS AND META TAGS MUST CONTAIN THE PHRASE “THERMOMIX INDEPENDENT CONSULTANT,” so as not to be confused with a website belonging to VORWERK or the official website for THERMOMIX, which is http://thermomix.com.






http://www.homecooksally.com/

http://www.thermomix.net/

http://www.thermojenny.com/

http://www.as-thermomixindependentconsultant.com/

http://thermomix.com/



Feel free to get creative with your site. You may design and add any content, so long as you acquire all rights and permissions with respect to your use of our copyrighted materials and any third-party content/material, and you reference the rightful owner and/or original source of the content/material. Your site may include:

• A link to the official website for the THERMOMIX, which is http://thermomix.com. • Images provided to you with the explicit written authorization of VORWERK for such use. • Personal information about you and the THERMOMIX story. For example, you may describe how

you discovered the THERMOMIX and got involved in the business and your personal motivations for wanting to share.

Your site may NOT:

• Publicly display prices for any products, packages, or accessories. This must be done through direct contact with your prospect or Customer.

• Take or process orders for VORWERK products, accessories, or branded goods. • Include modifications to product related information. Only official product information may be used. • Include personal e-commerce systems or identify payment methods. VORWERK products must be

purchased via VORWERK’s official e-shop and may not be resold via any other channel or platform. • Make claims about the THERMOMIX and VORWERK that are false, misleading, or incorrect. • Suggest or offer any guarantees or warranties other than the written warranty(ies) offered by

VORWERK. • Publish, post or release any Confidential Information or not public information (e.g., information/news

related to future campaigns, discount offers, etc. not publicly published/posted by VORWERK’s Corporate Office). All latest news and offers from VORWERK (THERMOMIX USA) are to be published/posted first by VORWERK’s Corporate Office.

Your site MUST include a:

• “Contact Us” form(s) for website visitors to get in touch with you, consistent with applicable law. These forms must be limited to essential information required for first contact only (e.g., name, phone number, and e-mail address) and not request additional personal information (e.g., address, social security number, and bank account details).

• Privacy policy, if you are collecting any data, for which you are responsible to ensure compliance. • Disclaimer when the trademarks THERMOMIX, VORWERK, COOK-KEY, or COOKIDOO are used

on the website, blog or forum. This disclaimer should say: “THERMOMIX,” “VORWERK,” “COOK-KEY,” and “COOKIDOO” are a registered trademark of VORWERK (or its affiliates). VORWERK does not support, authorize or endorse this site.

In addition, your website must comply with all state and federal laws and regulations, and all website communications with a prospect must comply with this Code of Conduct at all times. PLEASE NOTE: you must submit your website to VORWERK at [email protected] for written approval of the THERMOMIX brand, and associated trademarks and marketing materialsain advance of publication. Keep in mind that we will not review your website for copyrighted or trademarked content belonging to third-parties. You are solely responsible for any

http://thermomix.com/

mailto:service@thermomix.



infringement of third-party intellectual property rights. In addition, any subsequent material changes must be re-submitted for re-approval. If you become aware of any activity that may be in violation of the above, you should immediately inform us at [email protected].

BUSINESS OPPORTUNITY Every day you have endless opportunities to share your passion for the THERMOMIX and your Consultant journey. When you meet someone to whom you would like to give the opportunity to start the Consultant journey, or when you meet someone that wants to know more on how to become a Consultant, fill in the Expression of Interest “EOI form” located on the Consultant Lounge under “Forms.” The information filled out will be sent to your Leader/Branch Manager. This gives you the possibility to become a Sponsor and earn a Bonus (See Embrace Success 2020 in the Consultant Lounge). A “Sponsor” is a Consultant who recruits another person that then becomes a Consultant. VORWERK organizes regular Business Opportunity events. Contact your Branch Manager to find out about upcoming events online or near you. If your prospect is located in an area where we are not yet actively recruiting Consultants, your EOIs will be saved in our database and your prospect will be contacted as soon as we begin recruiting in that area.

CONSULTANT REGISTRATION Each Independent Consultant Agreement is entered into with one person only. We do not allow shared Consultant accounts. While we encourage spouses to support the growth of each Consultant’s business and are able to recognize that support in our internal communication (subject to qualifying terms and conditions), we are obliged to ensure the proper reporting of income earned by an individual to the IRS. We at all times reserve the right in our sole and absolute discretion to remove a spouse’s name from a team reference. Moreover, keep in mind that a Consultant may not Sponsor/Recruit another member of their immediate family (spouse, parents, siblings and children, regardless of where they live) and those living in the same household to become a Consultant. In the event of a Consultant award, only the Consultant’s name appearing on the Independent Consultant Agreement will be eligible for an award, unless otherwise agreed to by VORWERK. In order to be registered as a Consultant a W-9 form must be submitted no later than the successful completion of the required New Consultant Training. This will allow us to pay commission on time and ensure that the appropriate submissions are made to the IRS on the income earned.

TERMINATION The THERMOMIX Independent Consultant journey may terminate for any reason by us or by the Consultant, as described in the Independent Consultant Agreement. If your Independent Consultant Agreement is terminated




for any reason, you must discontinue using our trademarks/names (i.e., VORWERK, THERMOMIX, COOK-KEY, COOKIDOO, etc.), and all VORWERK’s intellectual property, and all derivatives of such intellectual property, in postings on all Social Media, websites, or other promotional material.

REINSTATEMENT A THERMOMIX Independent Consultant who wishes to be reinstated to Good Standing status after Termination or Resignation will be eligible only after 3 (three) full commission periods have passed and the following criteria have been satisfied:

• Rejoin as a THERMOMIX Independent Consultant using the same email and account as previously used.

• Complete all steps of the current registration process, including all required training. • Purchase the current Welcome Kit. • Has not previously been reinstated in the past 12 calendar months.

In addition, reinstated THERMOMIX Independent Consultant are not eligible for the following:

• Any rewards exclusive to first time THERMOMIX Independent Consultant upon registration or in an initial activation program (e.g., Embrace Success)

• A continuation of the THERMOMIX Independent Consultant’s Lifetime Sales. The Sponsor of a reinstated THERMOMIX Independent Consultant will not be eligible for the following:

• Sponsorship Bonus upon the THERMOMIX Independent Consultant first or any subsequent sales. The Team Leader of a reinstated THERMOMIX Independent Consultant will not be eligible for the following:

• Newcomer Development Bonus upon the THERMOMIX Independent Consultant first or any subsequent sales

INSURANCE A Consultant is required to maintain public liability insurance that will remain in effect at all times. VORWERK is not an insurance provider and cannot answer questions about individual insurance policies provided to Consultants by other companies, whether this is related to their Consultant business activities or otherwise. If you are looking for an insurance provider that covers direct sales activities, coverage may be obtained from PRO Insurance Managers, Inc. via their website http://www.pro4.us/thermomix.asp. VORWERK is not affiliated with

http://www.pro4.us/thermomix.asp



PRO Insurance Managers, Inc. and any insurance coverage purchased is the sole responsibility of each Consultant. VORWERK does not receive any benefit from insurance providers that cover Consultants.

REPAIRS Should you or any of your Customers require a repair, please contact the Customer Service team: Telephone: + 1 (888) VORWERK (867-9375) E-mail: [email protected]




SOCIAL MEDIA PRESENCE / PLATFORMS You are encouraged to use social media platforms to grow awareness of the THERMOMIX and your Independent Consultant business within your local area. Social media platforms include all communication methods that allow for a two-way communication, which does not include websites (see “Websites,” above). Start with what you know. It’s better to be amazing at a couple social networks than to be okay at a bunch of them. If you already have a Facebook account, start there, and then determine if you even need another social network to manage. Begin sharing what you know with those you know. Your existing contacts is the first place to start. Build your audience by letting your contacts know about the THERMOMIX and your Independent Consultant business. Always be present and engaged on social media. If you are engaged and listening, you can respond and connect. You may want to become familiar with the thermomix.com website and THERMOMIX USA Facebook fan page so you’re aware of informative updates as they happen day-to-day. We have an official account on various social media platforms. We are happy if you as a Consultant become a fan of these official platforms and participate constructively in conversations and discussions – while identifying yourself as a THERMOMIX Independent Consultant:

• www.Facebook.com/ThermomixUSA • www.instagram.com/ThermomixUSA • www.twitter.com/ThermomixUSA • www.youtube.com/user/Officialthermomix • www.pinterest.com/ThermomixUSA • www.linkedin.com/company/vorwerk-llc---thermomix-usa)

This will give you an easy way to share content that’s approved. Before going live on social media, make sure you check your profile’s privacy settings and ask yourself what information you want to share and with whom - especially with the public and our Customers.

GENERAL SOCIAL MEDIA GUIDELINES As a Consultant, you are in the privileged position of being able to speak publicly about the capabilities of the THERMOMIX across social media platforms. Whenever you are engaging on behalf of VORWERK as an Independent Consultant, you should behave in the same way you would do in a business environment. If you decide to take advantage of social media marketing, we want to be confident that any social media efforts are being conducted fairly and appropriately, and that you will not compromise the THERMOMIX or VORWERK experience for any of our Customers or Consultants or damage the reputation of the THERMOMIX or VORWERK. It is important to remain respectful and polite. If there is any uncertainty, please speak to your Leader / Branch Manager.

http://www.facebook.com/ThermomixUSA

http://www.instagram.com/ThermomixUSA

http://www.twitter.com/ThermomixUSA

http://www.youtube.com/user/OfficialThermomix

http://www.pinterest.com/ThermomixUSA

http://www.linkedin.com/company/vorwerk-llc---thermomix-usa



Be aware that your conversations on social media can be very public (i.e., available to everyone globally). Therefore, it is important to consider how your posts and conversations might be perceived by others along with the types of content you share as a Consultant. When you post on social media platforms, to promote your Independent Consultant Business you must:

• Identify yourself as a THERMOMIX Independent; • Protect our brands and reputation; and • Use common sense.

IDENTIFY YOURSELF AS A THERMOMIX INDEPENDENT CONSULTANT Relationship Clearly communicate that you are a THERMOMIX

Independent Consultant. Do not misrepresent your relationship with THERMOMIX USA.

If you participate in discussions that reference the THERMOMIX products (either directly or indirectly) you should identify yourself as an Independent Consultant by adding #THERMOMIXUSA and one of the following:

• (THERMOMIXIndependentConsultant); or • #THERMOMIXIndependentConsultant; or • #THERMOMIXConsultant; or • #IndependentConsultant; or • #Consultant.

Position Do not claim to be the official or sole Consultant in any given area.

Your Business Grow awareness of your availability to share the Cooking Experience on your social media channels, but NOT on our official channels.

PROTECT OUR BRANDS AND REPUTATION Trademarks You must NEVER use the trademarks “VORWERK,”

“THERMOMIX,” “COOK-KEY®,” “COOKIDOO®,” any variations or deviations (e.g., “Thermi” or “Thermo”), similar derivatives, or any other trademarks / product names used by VORWERK (e.g., TM, TM5 or TM6). EXCEPTIONS: you may use the trademarks / product name ONLY to identify yourself as a “THERMOMIX Independent Consultant” (but not in connection with, including but not limited to, an email address, website domain name, social media name or address, or unapproved tools) or to describe the name of the product, so long as the name always starts with a capital letter, and is in the same typeface as the surrounding text. In any event, ALWAYS use a “®” symbol with the trademarks THERMOMIX®, COOK-KEY® and COOKIDOO®. This



also applies to so-called “typo” domains; the use of our trademarks, even if misspelled, is prohibited. Also, the trademarks “VORWERK,” “THERMOMIX,” “COOK-KEY,” “COOKIDOO” may not be: (a) used as a verb; (b) declined (e.g., the THERMOMIX’(s) position on the kitchen counter…); (c) used in plural; or (d) used with a possessive pronoun.

Confidential Information Do not publish, post or release any Confidential Information or not public information (e.g., information/news related to future campaigns, discount offers, etc. not publicly published/posted by VORWERK’s Corporate Office). All latest news and offers from VORWERK (or THERMOMIX USA) are to be published/posted first by VORWERK’s Corporate Office.

Approved Independent Consultant Sales Channel

All Customer transactions must take place on the VORWERK eShop. Do not resell our products on any online platform or through any social media channels (either directly or indirectly).

Do not sell through or promote your Independent Consultant business on any official THERMOMIX USA social media channels.

Warranty Do not suggest or offer any product guarantees or warranties other than the written warranty(ies) offered by VORWERK.

Inquiries from Chefs, Media, Commercial Food/Catering Establishments

Send all inquiries directly to THERMOMIX USA’s Facebook fan page by direct message or by sending an e-mail to [email protected], unless authorized to speak to them directly (e.g., in relation to the promotion of your Independent Consultant business).

Customer Questions Send Customer questions relating to the repair or maintenance of the THERMOMIX to [email protected]. Send Customer questions that you are unable to answer to [email protected].

Behavior / Product Claims Never engage in dishonest, deceptive, misleading, or disrespectful behavior in conjunction with your Independent Consultant business, or make any false, deceptive, misleading, or incorrect claims about the THERMOMIX or its business opportunity. If unsure, contact your Leader or Branch Manager or [email protected].







Legal Compliance Comply with these guidelines, and all applicable state and federal laws (e.g., copyright, trademark, Customer data privacy, Federal Trade Commission and Federal Communications Commission laws or regulations) at all times.

Respectfulness Do not post comments, content, or images that are graphically violent, threatening, sexually explicit, obscene, pornographic, defamatory, offensive, hateful, libelous, harassing, hostile, discriminatory (based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise). Do not engage in any communication, or comment on any competitor or competitor’s product. Be tolerant of the views/opinions of others.

USE COMMON SENSE Spelling Check your spelling.

Image / Video Posted Confirm that you post the correct and approved, if applicable, image and/or video.

Listen Listen, engage, and be respectful to others on and offline.

Third-Party Trademarks, Copyrights, etc. Get appropriate permission to use a third-party's copyrights, copyrighted material, trademarks, service marks, or other intellectual property.

Customer Information Do not make any Customer details public, including postal addresses, e-mail addresses, phone numbers and social media account profiles.

Please be aware that VORWERK actively monitors online activity pertaining to the trademarks VORWERK, THERMOMIX, COOK-KEY, and COOKIDOO to confirm that you comply with these guidelines.

SOCIAL MEDIA ACCOUNT SETUP We are committed to protecting our reputation and protecting the image and goodwill that is associated with our registered trademarks. As a Consultant, you must NEVER use the trademarks “VORWERK,” “THERMOMIX,” “COOK-KEY®,” “COOKIDOO®,” any variations or deviations or similar derivatives (e.g., “Thermi” or “Thermo”), or any other trademarks / product names used by VORWERK on your social media platforms. EXCEPTIONS: you may use the trademarks / product name ONLY to identify yourself as a “THERMOMIX Independent Consultant” (but not in connection with, including but not limited to, an email address, website domain name, social media name or address, or unapproved tools) or to describe the name of the product, so long as the name always starts with a capital letter, and is in the same typeface as the surrounding text. In any event, ALWAYS use a “®” symbol with the trademarks THERMOMIX®, COOK-KEY®, and COOKIDOO®. This also applies to so-called “typo” domains; the use of our trademarks, even if misspelled, is prohibited.



USERNAME, ACCOUNT OR HANDLE NAME When choosing a “name” keep the below guidelines in mind:

APPROVED NOT APPROVED A name that includes your personal name or your business name (without our trademarks, etc.): • @HealthyCookingMarigold; • @MarigoldCooking; • Marigold Silverman; • MarigoldSilvermanCooking; or • Marigold Silverman Cooking; etc.

A name that contains the trademarks “VORWERK,” “THERMOMIX,” “COOK-KEY,” “COOKIDOO,” any variations or deviations or similar derivatives (e.g., “Thermi” or “Thermo”) or other trademarks / product names used by VORWERK (e.g., TM, TM5 or TM6): • ThermomixCooking; • VorwerkMarigold; • MarigoldThermomixTips; • LoveTM; • ThermiKing; etc.

PROFILE OR BIO INFORMATION When creating your profile (“about” or “about your”) or bio and choosing how to identify yourself, clearly identify yourself as “a” not “the” THERMOMIX Independent Consultant. Keep the below guidelines in mind:

APPROVED NOT APPROVED Clearly identify that you are a THERMOMIX Independent Consultant: • “THERMOMIX Independent Consultant.” • “I am a THERMOMIX Independent

Consultant.” • “I am a THERMOMIX Independent

Consultant in the Thousand Oaks area.” • “...I love being a THERMOMIX Independent

Consultant because...”

Suggesting you are employed by VORWERK or THERMOMIX USA: • “I work for THERMOMIX USA...” • “VORWERK is a great company to work for.”

Suggesting you are the only or official Independent Consultant: • “…the official THERMOMIX representative in

Thousand Oaks.” “The US THERMOMIX Consultant.”

CONTENT USE AND CREATION As a Consultant, the use of trademarked and copyrighted VORWERK (THERMOMIX USA) materials, including, but not limited to, images and videos is prohibited, unless expressly approved by VORWERK in writing. This includes logos, profile pictures, cover photos, and any other social posts.



We will provide you with materials that may be used on your social media platforms (as well as your website), which can be found on the THERMOMIX USA Facebook fan page. Consultants are prohibited from distorting, editing, warping, or otherwise altering these images or videos in any way.

IMAGES AND VIDEOS Outside of directly sharing a VORWERK or THERMOMIX USA post that has already been published, keep the below guidelines in mind:

APPROVED NOT APPROVED Using or linking to images and videos posted by us on our Official social media channels.

Taking video of the THERMOMIX demonstration or cooking class, unless you have 3rd party consents, which must be kept and provided upon request.

Creating your own original images and videos, so long as these will not in any way mislead the viewer into believing that they are images/videos owned by VORWERK: • Taking images/videos of a THERMOMIX and

accessories in action that belong to you. • Taking images of food that you have created

using the THERMOMIX. • Taking images/videos of your Customers

using the THERMOMIX, so long as any individual who appears in the image/video has given you express written permission to use the image/video in promotional activities, which must be kept and provide upon request.

Using, copying, modifying, or incorporating any of our official images/video content, in part or entirety, into your own image or video content, e.g.: • Combining your image with any of our official

images of the THERMOMIX. • Adding text to any of our official images of the

THERMOMIX. • Creating video clips from any of our official

videos found on our official Facebook or YouTube channel. Using, Copying, or modifying any material (e.g., images and video) found on a social media platform or internet without getting permission, for use: • In your profile picture on your social media

channels (e.g., Facebook page or personal profile). • In a cover image on your Facebook page. • In your background or header image on

Twitter. • In videos as a title image, animation or

closing screen. Instead, find public domain images.



WRITTEN CONTENT Any text added or shared on social media platforms that reference the THERMOMIX products (either directly or indirectly) should identify you as an Independent Consultant by adding #THERMOMIXUSA and one of the following:

• (THERMOMIXIndependentConsultant); or • #THERMOMIXIndependentConsultant; or • #THERMOMIXConsultant; or • #IndependentConsultant; or • #Consultant.

In addition, your posts should adhere to the above guidelines, as well as keep the below in mind:

APPROVED NOT APPROVED Sharing hyperlinks to content on thermomix.com: • “Owning a THERMOMIX can save you

precious time. There are some great examples here: thermomix.com/recipes.”

Incorporating the trademarks “VORWERK,” “THERMOMIX,” “COOK-KEY,” or “COOKIDOO,” into your written content in any way that might be misleading: • Suggesting you are anything other than a

Consultant.

Promoting upcoming events. Distributing the VORWERK and THERMOMIX e-newsletter in its entirety on any platform.

Using the trademarks “VORWERK,” “THERMOMIX,” “COOK-KEY,” or “COOKIDOO,” only to identify or describe the name of the product, so long as the name always starts with a capital letter, is in the same typeface as the surrounding text and you use the ® symbol with the trademarks (e.g., THERMOMIX): • Facebook photo album title: “The

THERMOMIX in action.” • Pinterest ‘about’: “Love everything to do with

the THERMOMIX” • Pinterest board name: the THERMOMIX

Recipes.

Copying or re-working content from any source and pass it off as your own. Publicly disclosing any Customer details (e.g., postal and email addresses, phone numbers and social media account profiles). Scanning or copying recipes and recipe instructions directly from VORWERK copyrighted publications (including recipe books) or websites.

Corresponding with Customers using their first name (if public) or their “tagname:”

Publishing a copy of existing official online resources (e.g., the Technical Specification of the



• If a Facebook “fan” has commented on a status update on your page, you can tag them in your response using the @ symbol followed by their name.

THERMOMIX). Instead you should provide a link to these resources.

Sharing recipes that you have tested yourself, including a reference and link to the original source and/or inspiration (e.g., book title and author, or a website title (specific page): • “This recipe is an all-time favorite of mine,

and my family loves it too. The original inspiration came from Nigel Slater’s Kitchen Diaries and I have adapted it for the THERMOMIX and added my own twist.” Promoting recipes, even if you have not tried them yourself, including a statement to that effect, and include a reference and link to the original source: • “Marigold from Thousand Oaks shared this

recipe with me yesterday. I’m just off to give it a go now, you might like to do the same!” Sharing occasional short excerpts or “teasers” from the VORWERK e-newsletter and other online resources. Sharing recipes that you have created yourself, including reference to that fact: • “I’ve just created this recipe for a Customer

who is gluten-intolerant, but it tastes so great you should all try it!”

QUESTIONS Immediately refer any questions you may have (or any Customer questions you cannot answer) to your Leader or Branch Manager or [email protected].




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THERMOMIX INDEPENDENT CONSULTANT HANDBOOK

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