MOMENTUM POLICIES AND PROCEDURES

Updated: 8/15/2024 @ 3:13pm Mountain Time

INTRODUCTION

These MOMENTUM Policies and Procedures (“Policies & Procedures”) have been designed to acquaint you with MOMENTUM and to provide you with information about working conditions and some employment guidelines affecting your employment.  Please read these carefully and keep them for your future reference. Neither these Policies & Procedures nor any specific provision in these Policies & Procedures constitute a contract of employment or create any specific contractual right or obligation between you and MOMENTUM.  MOMENTUM must be able to respond flexibility to changing circumstances as they arise; therefore, these Policies & Procedures do not promise specific treatment in specific situations.  The guidelines contained in these Policies & Procedures are subject to changes and exceptions, without prior notice, in MOMENTUM’s sole discretion.       

EXPECTATIONS OF PROFESSIONALISM

As a sales Direct Seller (“Direct Seller”), you are expected to perform all those duties and responsibilities that are assigned or delegated to them (collectively, “Services”) in an ethical, honest, and professional manner that maintains and enhances confidence and trust in the integrity of MOMENTUM, its clients, customers, and potential clients and customers (collectively, “Clients”). Regulations for the acceptable conduct and behavior of Direct Sellers are necessary for the orderly operation of any business, for the benefit and protection of the rights and safety of Direct Sellers, and for the protection of MOMENTUM and its Clients. 

WORK HOURS 

During the 2025 Sales Program, Direct Sellers are expected to work full-time and devote substantially all of their business time, energy, skill and attention to performing the Services. MOMENTUM’s required work schedule is set forth below: 

Monday through Friday: 9:00am – 9:30am: Correlation meeting (In uniform)

Monday through Friday: 9:30am – 12:00pm: Work in area (As directed by Supervisor)

Monday through Friday: 1:00pm – 9:00pm: Work in area

Saturdays: 8:20am - 8:30am: Correlation meeting (In uniform)

Saturdays: 9:00am - 4:00pm: Working in area

MOMENTUM’s work schedule may be amended by MOMENTUM or its management at their discretion. Monday through Saturday, including holidays, are considered Momentum Marketing Sales Days. Direct Seller is expected to work 8 door knocking hours per day Monday through Friday, and a minimum of 6.5 door knocking hours on Saturdays. Direct Seller will not work on Sundays unless Direct Seller’s supervisor has expressly authorized Direct Seller to do so and it is permitted in the Area. Direct Sellers that close zero (0) accounts with payment in any given Sales Day are subject to knocking additional hours the following day as directed by their supervisor.

CORRELATION MEETING 

MOMENTUM will hold daily correlation meetings at a time and location designated by MOMENTUM. Direct Sellers are expected to attend all correlation meetings during the 2025 Sales Program. Missing correlation meetings without notice will not be tolerated.

TRANSPORTATION 

MOMENTUM does not provide transportation. Direct Sellers are responsible for securing their own transportation and for all transportation expenses including, without limitation, fuel, insurance and maintenance. If you do not have a vehicle, you should make arrangements (including compensation) to work with a Direct Seller who has a vehicle. A reasonable form of compensation ranges from $5 to $10 per day.

UNIFORMS

The MOMENTUM-approved uniform is a MOMENTUM-issued polo shirt, MOMENTUM-issued hat (optional) and MOMENTUM-issued identification badge. MOMENTUM will provide 4 shirts, and a picture identification badge to Direct Sellers. Additional shirts or hats may be purchased by Direct Sellers. 

MATERIALS, CELL PHONE, TRANSPORTATION & OTHER EXPENSES 

MOMENTUM may provide Direct Sellers with marketing materials and other forms or documents that MOMENTUM deems necessary for Direct Sellers to perform the Services. Direct Sellers are responsible for all other costs and expenses incurred by Direct Sellers in providing the Services, including housing costs, travel costs, personal vehicle costs, insurance, cell phone and data plan costs, and the costs of any materials not provided by MOMENTUM that Direct Sellers elect to use in performing the Services.  

IPADS

Direct Sellers must use an iPad in connection with performing the Services. The use of personal iPhones is recommended as long as the iPhone is capable of operating applications required by MOMENTUM. If Direct Seller elects to use a personal iPad, the device must have cellular internet access and be capable of operating applications required by MOMENTUM. MOMENTUM may loan Direct Sellers an iPad and charger to use during the 2025 Sales Program. Direct Seller is responsible for maintaining cellular internet access during the term. Loaned iPads must be returned to MOMENTUM when Direct Sellers’ employment with MOMENTUM ends in the same condition they were in at the beginning of the 2025 Sales Program. MOMENTUM will deduct from Direct Seller’s compensation up to $750 for unreturned/damaged iPads and $50 for unreturned/damaged chargers. 

WORK AREA 

MOMENTUM will assign Direct Sellers an area to perform the Services. You may not perform the Services outside of such area, including areas that MOMENTUM has designated as being in a “Black Out Zone” without MOMENTUM’s written permission. If you want to work in a different area than what was assigned, you should request a new area from your supervisor on the evening prior to the next correlation meeting. 

HOUSING

MOMENTUM will assign housing arrangements and roommate assignments to Direct Sellers. Cleaning inspections will occur at least twice monthly. Direct Sellers who fail to comply with the Housing Rules set forth in Exhibit 2 the Direct Seller Agreement will be subject to a minimum additional fine of $50 per violation.

LICENSING 

Depending on the State or Service Partner with which the Direct Seller works, MOMENTUM requires Direct Sellers to obtain licensing (the “License”) prior to performing the Services. If a Direct Seller is unable or unwilling to obtain the License, or if the License is rendered revoked or invalid for any reason, he or she will not be allowed to perform the Services until the License is valid.  

MOMENTUM CODE OF CONDUCT

• CLIENT RELATIONS

As a Direct Seller of MOMENTUM, you are expected to govern your conduct and interactions with Clients in a manner consistent with the following requirements:

  1. You must always carry identification that is clearly visible to Clients. 

  2. You must always wear a MOMENTUM-issued uniform when performing the Services. 

  3. At the initiation of a sales presentation, you must (i) clearly and correctly identify yourself by name and company name, and (ii) state the purpose of your solicitation without request from the Client. 

  4. You must be properly licensed and registered in compliance with any applicable laws, ordinances, and regulations. 

  5. You must discontinue a sales presentation and immediately leave the premises upon the request of a Client.  

  6. Your contact with Clients should be made in a polite manner and during reasonable hours. Rude, aggressive, threatening, or inappropriate behavior when interacting with Clients is not tolerated. 

  7. You must provide Clients with accurate information regarding: (a) the price of MOMENTUM’s Service Partner’s services; (b) efficacy and performance of MOMENTUM’s Service Partner’s products and services; (c) the terms of the MOMENTUM Service Partner’s service agreement; (d) the initial term of the service agreement; (e) the consequences of a customer cancelling the service agreement during the initial term; and (f) the Client’s right of rescission. 

  8. You must take appropriate steps to safeguard the protection of all private information provided by a customer or, a prospective customer, or other independent salespeople. 

• DECEPTIVE OR UNLAWFUL BUSINESS PRACTICES 

You must not engage in deceptive, misleading, unlawful, or unethical business practices including, without limitation the following: 

  1. You may not misrepresent information to a Client.

  2. You may not improperly induce a customer to change pest control companies.

  3. You may not falsify switchovers or referrals.

  4. You may not contact other pest control companies on behalf of Clients.

  5. You may not terminate the contract of a Client with another pest control company.

  6. You may not represent that MOMENTUM’s Service Partner’s products are “safe,” “organic,” “green,” “all natural,” or make similar representations.

  7. You may not misrepresent MOMENTUM’s Service Partner’s services or their efficacy. 

  8. You may not offer anything of value to a Client in exchange for or as an incentive to sign up for MOMENTUM’s Service Partner’s services, including offering to pay for a Client’s service or cancellation fee or referral fee.

  9. You may not defame other companies.

• DIRECT SELLER’S PERSONAL CONDUCT 

You are expected to discharge your duties and perform the Services honestly and ethically and adhere to high standards of business and personal integrity as a representation of MOMENTUM’s business practices, at all times consistent with your duty of loyalty to MOMENTUM. The following will not be tolerated: 

  1. providing false or misleading information to MOMENTUM;

  2. the commission of a crime involving moral turpitude, theft, fraud or deceit;

  3. conduct that brings MOMENTUM’s products or services into public disgrace or disrepute, including, but not limited to, being arrested for or charged with a crime; and

  4. possession or use of illegal drugs or performing services for MOMENTUM under the influence of alcohol, including without limitation reporting to work under the influence of alcohol or illegal drugs or using illegal drugs at any time.

EQUAL EMPLOYMENT OPPORTUNITY

MOMENTUM is committed to providing equal employment opportunities for all persons based on qualification and ability.  Consistent with this policy, MOMENTUM is dedicated to recruiting and employment persons for all positions without regard to race, color, religion, sex (including conditions of pregnancy), age (40 and over), national origin, physical or mental disability, sexual orientation, gender identity, veteran, genetic information, military service, or other protected-group status and basing decisions regarding applicants and employees on an individual’s job-related qualifications and other relevant and lawful factors.  A positive attitude by all Direct Sellers is essential to the success of this policy.  Therefore, MOMENTUM expects the full cooperation of each Direct Seller in upholding the spirit of equal employment opportunity.

SEXUAL AND OTHER UNLAWFUL HARASSMENT OR DISCRIMINATION

MOMENTUM is committed to maintaining a work environment that is free of unlawful harassment and discrimination.  In keeping with this commitment, MOMENTUM prohibits discrimination against or harassment of its employees by anyone, including any supervisory personnel, co-worker, vendor, client, or customer of the company.

Harassment consists of unwelcome conduct, whether verbal, physical, or visual, that is based on a person’s protected status, such as gender, sexual orientation, color, race, religion, national origin, age (40 and over), physical or mental disability, veteran, or other protected-group status.  MOMENTUM prohibits harassing conduct that affects tangible job benefits, that interferes unreasonably with an individual’s work performance, or that creates an intimidating, hostile, or offensive work environment as prohibited by law.

Sexual harassment, as defined by law, is strictly prohibited.  Sexual advances, requests for sexual favors, or other physical, verbal, or visual conduct based on gender constitutes sexual harassment when the conduct is unwelcome and (1) submission to the conduct is an explicit or implicit term or condition of employment, (2) submission to or rejection of the conduct is used as the basis for an employment decision, or (3) the conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.  The same standards apply to harassment based on race, national origin, and other protected-group status.

Whether or not certain types of conduct rise to the level of illegal harassment or discrimination, as defined by law, depends on the facts and circumstances in each particular instance.  When viewed in light of all of the surrounding circumstances, courts have found that the following types of conduct may give rise to a claim of harassment or discrimination:

  1. Intimidating, hostile, derogatory, contemptuous, or otherwise offensive remarks, visual conduct, or physical conduct that is directed at an individual or group (i) based on race, national origin, religion, gender, sexual orientation, marital status, familial status, disability, age, veteran, or other protected-group status; or (ii) related to or suggesting sexual matters.  

    Examples may include, without limitation: 

a. Unwelcome sexual advances – whether or not they involve physical touching and whether or not between members of the same or opposite sex.

b. Sexual epithets, jokes, written or oral references to sexual conduct; gossip regarding one’s sex life; comment on an individual’s body; comment about an individual’s sexual activity, deficiencies, or prowess; and use of sexual innuendo.

c. Displaying or sharing sexually-suggestive objects, pictures, cartoons, etc.

d. Displaying or sharing with co-workers objects, pictures, cartoons, etc. that display individuals, or a group generally, in a derogatory or disrespectful light based on gender, race, national origin, age, nationality, religion, veteran status, etc.  

e. Unwelcome leering, whistling, brushing against the body, sexual gestures, and suggestive or insulting comments.

f. Name-calling based on someone’s race, national origin, religion, age, gender, sexual orientation, veteran status, etc. 

g. Bantering with the use of sexually-suggestive, racial, ageist, etc. comments or innuendo.

h. Stereotypes based on age, gender, sexual orientation, national origin, religion, race, disability, etc.

i. Derogatory or contemptuous comments based on gender, sexual orientation, race, national origin, religion, age, disability, veteran, or other protected-group status.

  1. Threats/Promises: Solicitation or coercion of sexual activity, dates, or the like by the implied or express promise of rewards or preferential treatment or the express or implied threat of punishment.

    This policy prohibits harassment against any individual by a member of the same sex or a member of the opposite sex. 

    MOMENTUM wants all of its employees to work in an environment free of unwelcome harassment or discrimination, but the company can respond to concerns about harassment or discrimination only if it is aware of the problem.  Failure to report any conduct that an employee believes may violate this policy also may affect the employee’s legal rights. 

    Thus, if you believe you are being subjected to any inappropriate conduct prohibited by this policy, or if you become aware of such conduct being directed at someone else, you should promptly notify one of the following individuals: 


Skyler Holman
Landen Holman
Brant Wallace

If any of these listed individuals is engaged in the conduct that you believe is prohibited by this policy, you should notify one of the other listed individuals.

All reported incidents will be investigated promptly.  MOMENTUM expects all employees to (a) cooperate in the investigation and (b) take no action that would interfere with the investigation.  All complaints will be kept confidential to the best extent possible and will be disclosed only as necessary to allow the company to investigate and respond to the complaint.  Any special concerns about confidentiality will be addressed at the time they are raised. 

Any employee who violates this policy is subject to disciplinary action.  Disciplinary action will depend on the gravity of the offense, not on the status of the offender, and may include immediate discharge in appropriate circumstances.  No employee is protected against disciplinary action for violating this policy because of his/her position in MOMENTUM or because he or she is friends with or related to any manager or other supervisory personnel.  MOMENTUM will take whatever action it deems necessary to discipline anyone who violates this policy and to prevent a repeat offense.

RETALIATION

MOMENTUM strictly prohibits retaliation against any employee, job applicant, or witness who makes a complaint about harassment, discrimination, or other violation of MOMENTUM’s equal employment opportunity policy or who provides information during an investigation.  Any employee, including any supervisor, who retaliates against another employee in violation of this policy is subject to appropriate disciplinary action as determined by MOMENTUM.  

ADA ACCOMMODATIONS


As part of its commitment to equal employment opportunity, MOMENTUM seeks to implement all applicable provisions of the Americans with Disabilities Act of 1990 and related state law.  Ability, not disability, is the basis for employment decisions.  MOMENTUM policy is to provide reasonable accommodation to qualified persons with a disability when necessary to allow the employee to perform the essential functions of his or her job. If you have a physical or mental impairment that interferes with your ability to do your job, you may request an accommodation by contacting and discussing your situation with any of the following individuals:

Skyler Holman

Landen Holman

Brant Wallace

To ensure the confidentiality of medical information and the proper administration of the accommodation process, you should not request accommodations related to physical or mental impairments from anyone other than those persons listed above.  

You are not required to disclose the diagnosis of your condition, the details of your medical treatment, or genetic information when requesting an accommodation.  However, you must tell MOMENTUM that you need an accommodation due to a medical condition.  Depending on the circumstances, MOMENTUM may request medical documentation to support your request for accommodation and to evaluate and process the accommodation request. MOMENTUM encourages you to suggest reasonable accommodations that will allow you to perform your essential job functions and to improve your job performance.  If you are not satisfied with MOMENTUM’s response to an accommodation request, the company encourages you promptly to discuss your concerns with one of the other individuals listed as a contact person above.

DRUG TESTING/BACKGROUND CHECKS 

To protect our Direct Sellers and Clients, and to ensure that productivity and quality of the Services are maintained at the highest levels, MOMENTUM reserves the right to conduct random drug testing and background checks on Direct Sellers in accordance with applicable law. Failure to submit to a background check and/or drug and alcohol-screening test will result in immediate termination.

WARNING: VIOLATION OF THE CODE OF CONDUCT CAN RESULT IN DISCIPLINE, UP TO AND INCLUDING TERMINATION OF EMPLOYMENT AND DIRECT SELLERS’ SALES AGREEMENT. 

AMENDMENT TO POLICIES 

MOMENTUM may change any and/or all of its Policies & Procedures at any time. Any changes will be published for review in the MOMENTUM branch office.

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