The Kirby Company considers proselytizing an unethical business practice. Within the Kirby sales network, “proselytizing” is the direct or indirect recruiting and/or solicitation by a Kirby Distributor (“FD”) or Kirby Distributor Trainee (“DT”) of people who are currently or were recently associated with another Kirby FD’s or DT’s organization.
For example, making an offer to a Dealer currently with another FD or DT to join your organization is proselytizing. The Kirby Company considers proselytizing a material breach of the Distributor Agreement and a violation of Company Policy, thereby subjecting you to disciplinary action.
For purposes of this Proselytizing-Migratory People Policy Statement (“Policy”), “Salesperson” means a current or former Kirby Dealer, DT, Lead Canvasser, Van Master, Crew Leader, Field Counselor, Sales Manager or Dealer Power Specialist. If a Salesperson contacts an FD or DT other than the one for which he or she worked/is working, that FD or DT must immediately contact the Salesperson’s original FD or DT and explain what happened. No FD or DT may retain a Salesperson who is currently or who has worked with another FD or DT within the prior six (6) months, unless the new FD or DT obtains a written release, using the Distributor Compliance Release Form attached hereto (“Release”), signed by the original FD or DT. The new FD or DT must not communicate with the Salesperson until s/he has obtained the written Release from the original FD or DT.
No Salesperson may work with a different FD or DT without a Release unless and until six (6) months have passed from the last time the Salesperson worked in Kirby.
If a Salesperson associated with a FD or DT within the past six (6) months contacts you, immediately notify your Divisional Supervisor, or the person holding the equivalent position at that time.
Any FD or DT found in violation of this Policy will face disciplinary action, up to and including termination.
A complete, signed Release is proof of compliance with this Policy, and the Salesperson is free to work with the new FD or DT after obtaining the Release from his/her original FD or DT and provided the Salesperson is otherwise eligible.
A Salesperson who has not worked with or been affiliated with a Kirby FD or DT for a period of at least six (6) months may work with any other FD or DT, provided the Salesperson is otherwise eligible.
When a prospective Salesperson indicates prior knowledge of the Kirby cleaning system during the course of an interview, the FD or DT immediately must investigate to determine if this prior knowledge was acquired through prior Kirby sales experience. If so, the FD or DT should immediately contact the FD or DT with whom the Salesperson is or was associated and obtain a written Release, if necessary.
When a FD or DT is contacted by a Salesperson currently or recently associated with another Kirby FD or DT, the contacted FD or DT should refuse to talk with the Salesperson to avoid the appearance of impropriety.
FDs and DTs must conduct complete background checks on all Salespeople, regardless of any past experience in Kirby.
Received and acknowledged:
Distributor/Distributor Trainee (Signature) Date
Distributor/Distributor Trainee (Print Name) Distributor Number
This policy statement is part of the Distributor and Distributor Trainee application paperwork and must be signed by every Distributor and Distributor Trainee prior to approval of the application.