Complaint Review: Berry Tree - Nutronix

I'd like to give a former update that despite my differences with Nutronix. I have met a lot of amazing beautiful souls that are a constant reminder that is best to walk away and I have moved on since this issue. I wish Nutronix the best of luck and to all it's members.

I would like to bring a happy short conclusion to this ordeal that I have found my true path and home.

Thank you for reading and I wish everybody in the home based business arena nothing but the very best! I hope that Nutronix get's things right and are able to rebuild just as I have. I will also say that I am grateful to Nutronix for giving me the wisdom to become the man I am today.

Ronnie Branch

I'd like to update a response to nutronix writing to my complaint. Nutronix has changed their compensation plan many times destroying peoples business. Let's deal in the facts here, they made promises they did not keep regarding the berry tree. They obviously did not value their distributor sales force or take care of them. They said the Gold/Silver/Bronze pool would pay out a lot of money and your success is guarenteed. Now if you read a new rip off report of somebody losing $2400 and stated $100,000 dollars from their team from the T.V ad and how MR Bremnar does not answer their emails or help them.

My friend has a blog with dozens of complaints.


 They did not pay $8,000 dollars and obviously are hurting now. I have made a new video  and a woman named Lisa whom won the top position in the berry tree when they just launched and they where moving nutronix members to berry tree, later the berry tree changed the comp plan and she lost her huge downline...

Lisa a deaf woman featured on the front page of the berry tree, nutronix is using her face to market without her permission. Lisa explained to me nutronix has not complied with her to take her photo off. Nutronix was afraid they would be sued since Lisa lost her downline and offered her berry credits in exchange.

Do you see where I'm going with this? Just find lgrimeau on youtube and you can ask her yourself :)

I have 2 other 1 stars who are fed up with this company's lies where they carlessly destroyed their business as well and I have their phone numbers along with at least 100 other people who will come to my defense if anybody has any questions about if there is any real truth in the manner of things here.

Nutronix does not settle their complaints, This is why so many have complained about them. Because I'm making to much is why they decided to not pay me. I have live proof on a video of one of their biomins vitamins turning to coal tar when you put it in the oven at 350 degrees.

A vitamin must be in peer review journals to prove the supply is creditable, I have been taught and trained by a 35 year nutrition therapist on how to spot a synthetic vitamin. I feel this is the real reason why they terminated my account along with me not being happy what they did to my business. They obviously do not care for their many members and leaders. They also threatned to sue me if I make any videos and I have but one phrase to say to the leadership of Nutronix. I will warn others what your company has done...

I am a christian and have become a business leader in another company and have long put this past me, but I will warn others. I have loved and supported this company and when I question the products and get into other things they obviously do not like it and push it away.

This company is not in the direct sellers association or the BBB and obviously does not wish to comply with the law or wish to bring peace of mind to others in knowing their business can be protected.

They carelessly allow the FDA enforcement letter to jeopardize other business owners just as by not settling complaints they obviously are hurting themselves and others businesse's..  This is not how you conduct business, the customer is always right you settle complaints ... They know they can't since there is a mountain of those just by googling their name..


Ronnie Branch

 

Ronnie Branch was terminated from the company for libel and slander as well as violations to the Terms and Conditions he agreed to follow. Mr. Branch is a constant complainer who is quick to blame his failures on everyone else while at the same time trying to take credit for the success and hard work of others in his downline. Ronnie Branch posted several YouTube videos with incorrect information and lies about some of the top leaders that he was jealous of for their success. When one of them found her own name in a Google search and discovered his lies, she reported it to the company who had to take action.

Below is a copy of the letter he was sent with complete details of why he was terminated... Funny how Mr. Branch completely leaves out his own culpability in everything. He makes it seem like he took the libelous videos down himself, but actually they were removed by YouTube for violations of their Terms. In fact, the account those videos were posted on was also cancelled by YouTube because Mr. Branch violated their Terms and Conditions more than once. Isn't it strange how cancellations and violations of Terms and Conditions seem to follow Ronnie Branch everywhere he goes? For someone who claims to be a Christian, Mr. Branch certainly doesn't know how to examine the plank in his own eye.
______________________________________________________________________

Dear Mr. Branch,

It has been brought to our attention that you have posted several videos on YouTube that contained information that was derogatory to Nutronix and The Berry Tree. We see that these videos have since been removed by YouTube due to violations of their Terms of Use. Below are the links to the videos that we are referencing:

http://www.casttv.com/video/gf15q71/berry-tree-nutronix-confession-review-story-from-58-000-volume-to-7-000-volume-part-1-video
http://www.casttv.com/video/s0q3q7/berry-tree-nutronix-confession-review-story-from-58-000-volume-to-7-000-volume-part-2-video
http://www.casttv.com/video/4ukw3m/berry-tree-nutronix-confession-review-story-from-58-000-volume-to-7-000-volume-part-3-video
http://www.casttv.com/video/od9wd21/berry-tree-nutronix-confession-review-story-from-58-000-volume-to-7-000-volume-part-4-video

Although the videos are no longer playable, the title and key words are still viewable. You should be able to identify the videos that we are referring to, which were clearly posted by you under your YouTube account Ronniebranch. These videos contained inflammatory and malicious statements against Nutronix and The Berry Tree that are in direct violation of the Nutronix and Berry Tree Terms and Conditions.

Below we have included an excerpt of the Terms and Conditions that apply to this situation:

YOUR COMMUNICATIONS
Nutronix welcomes your comments. However, please do not send Nutronix any creative ideas, original materials, or suggestions other than those we have specifically requested. Any communication or material you transmit to Nutronix or post to the web site by electronic mail or otherwise, including any personal data, questions or answers, comments, suggestions, or the like (collectively, the "Submissions"), will be deemed, and shall remain, the property of Nutronix. The Submissions shall be treated as non-confidential, and may be disseminated or used by Nutronix or its affiliates for any purpose including, but not limited to, developing, manufacturing or marketing products. Anything you transmit or post may be used by Nutronix or its affiliates for any purpose, including but not limited to product or service solicitations, reproduction, disclosure, transmission publication, and broadcast. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Misrepresenting the Company
Presenting the Company, Compensation Plan, employees or products in a deceptive, fraudulent or misleading way will result in disciplinary action and may include the termination of your Distributorship, when such conduct becomes known to the Company

Termination of the Agreement by the Company
Nutronix reserves the right to terminate any membership for violating the above Terms. Any behavior that is deemed as inappropriate or detrimental to the company and/or its affiliates (The Berry Tree) is grounds for termination. In addition to this, any chargebacks or charge disputes issued by a Nutronix member against Nutronix or any of our affiliated companies will result in immediate termination of the Member's accounts in both Nutronix and The Berry Tree.

In the event of termination, you must immediately cease representing yourself as a Distributor. The Company reserves the right to terminate any other household position, DBA, corporation, partnership or trust in the event of termination arising from a Compliance Committee finding.
If a position is terminated, all current and pending commissions and/or bonuses otherwise entitled to the terminated position will roll up to the next qualified position.

Sanctions
This statement of Terms and Conditions is incorporated into the Distributor Application and Agreement and constitutes an integral part of the parties regarding their business relationship. Distributors who conduct business in violation of Terms and Conditions jeopardize the integrity and credibility of the Company. The Company reserves the right to revoke Distributor status and terminate those in violation of these Terms and Conditions. Such termination would be effective immediately upon notification by the Company, as provided herein.

Your actions in posting those videos accompanied by similar statements made to other Distributors of Nutronix and The Berry Tree have resulted in your complete and permanent termination with our company. Your actions are a serious breach of the agreement that you have with Nutronix and The Berry Tree. For the good of all Nutronix and Berry Tree Members, this type of activity is totally unacceptable and strictly prohibited. We have a responsibility to all of the members of Nutronix and The Berry Tree to protect their businesses and our reputation. For this reason, your accounts cannot be reactivated. Additionally, your earnings for April of 2009 in both Nutronix and The Berry Tree have been offset by the company due to your violations.

Now that your Nutronix and Berry Tree accounts have been cancelled, you must cease and desist from referring to yourself as a Distributor of either company. We must also ask that you remove any information, websites, or videos that you have posted which refer to our companies or reference you as a Distributor. Below are further guidelines regarding your termination, which have also been taken from the Terms and Conditions:

Effect of Termination
Upon termination, you shall have no right, title, claim or compensation derived from the sales of products in your downline, organization or any future bonuses and/or commissions from sales generated by the organization.

You:
Shall not refer your self as a Distributor.
Shall not have the right to sell Company Products.
Must discontinue using any materials bearing any Company logo, trademark or service mark.
Shall not continue to communicate with the Company.

Under the Nutronix and Berry Tree Terms and Conditions, we also reserve the right to take legal action against any individual who defames our company. Since these videos have now been removed from YouTube, we have decided not to pursue legal action at this time. However, if any similar videos or statements are made that are detrimental or disparaging to Nutronix or The Berry, we reserve the right to take action in the future.

Once again, your accounts with Nutronix and The Berry Tree have been terminated.
_____________________________________________________________________

Mr. Branch obviously doesn't understand the severity of his actions. After being cancelled he submitted a fraudulent claim with the Maryland Department of Labor (which he mentions in his bogus scam report) claiming to be an employee of the company. In his false report he told several blatant lies, including that he was NOT an independent contractor (which he very clearly was). Below is some additional information from Nutronix's response to that claim, which was summarily dismissed by the Maryland Department of Labor for being unfounded and false.
______________________________________________________________________

RE: Claimant: Ronnie Branch; Claim No: XXXXXXXXXDX

Dear Maryland Department of Labor, Licensing and Regulation,

Please accept this letter as the response or Nutronix International to the claim for unpaid wages by Ronnie Branch.

First of all, we must ask the DLLR to dismiss Mr. Branch's claim because of a lack of jurisdiction. Mr. Branch was an independent contractor and not a W-2, wage earning employee. All of the documents show that fact, the tax records show that fact, and Mr. Branch knows that fact. Once you have had an opportunity to review the analysis set forth below and the documents attached hereto, we are confident that you will understand that Mr. Branch was an independent contractor and dismiss his claim for unpaid wages.

Secondly, we must ask the DLLR to abstain from addressing any dispute between Mr. Branch and Nutronix in any way. Submitted herewith as Attachment A is the "Nutronix International Terms & Conditions." As the Terms and Conditions indicate, these are the rules under which all distributors must operate in their relationship with Nutronix. Distributors - including Mr. Branch - must reaffirm and reaccept these Terms and Conditions every time they logon to the Nutronix website. As you can see from the "Dispute Resolution and Governing Laws" section, all disputes between Nutronix and a distributor - that is, Mr. Branch - are subject to arbitration, mediation or litigation, with all such dispute resolution activities taking place exclusively in Hanover County, Virginia. Accordingly, Mr. Branch has already agreed to resolve any dispute he may have with Nutronix in a forum other than the DLLR and we must ask that the DLLR honor and respect that agreement of the parties.

Thirdly, allow me to go through Mr. Branch's claim and highlight the facts that establish the fact that Mr. Branch was an independent contractor.

1. In the "Particular Sale Made & Not Paid" section, Mr. Branch states that he was with a "MLM Company". Nutronix is a multi level marketing (hence, "MLM") company that sells health and wellness products through "distributors", all of whom are independent contractors.

2. In the Eligibility Determination section, Mr. Branch answered "no" to the question of whether the claim was in grievance, arbitration, or in another state. As indicated above, Mr. Branch is bound by the arbitration, mediation and litigation and exclusive venue provisions of the Terms and Conditions and must submit this - and any other dispute he may have with Nutronix - to the arbitration, mediation and litigation process provided for in the Terms and Conditions.

3. In the Eligibility Determination section, Mr. Branch answered "no" to the question of whether he is an independent contractor for the work performed in this claim. This is patently false. The introductory paragraph of the Terms and Conditions identify all distributors as independent distributors. The "Income Taxes" section of the Terms and Conditions is worth quoting in full:

"Income Taxes
You are an independent contractor. The company does not deduct personal taxes from your commission checks. At the end of the calendar year, the Company provides you and the appropriate taxing authorities with all income information required by law."

Clearly, Mr. Branch was an independent contractor, he was paid as such, and he knew he was an independent contractor.

4. In the Eligibility Determination section, Mr. Branch answered "unknown" to the question of whether a contract exists for the work relating to this claim. Nutronix respectfully submits that Mr. Branch knew he should have answered "yes" to this question and he should have produced a copy of the Terms and Conditions but that that he did not in an attempt to pursue a claim that is not based in law or in fact. A contract does exist and that contract is the Terms and Conditions. We respectfully submit that this omission was intentional because producing the Terms and Conditions would have conclusively established the independent contractor nature of the relationship that Mr. Branch had with Nutronix.

5. In the Eligibility Determination section, Mr. Branch answered "no" to the question of whether Nutronix deducted federal, state taxes, FICA, etc. Again, this is proof that the relationship between Mr. Branch and Nutronix is that of Independent Contractor.

6. A glaring omission from Mr. Branch's claim is the absence of "pay stubs" and tax returns. Either of these documents would have conclusively established the independent contractor nature of the relationship that Mr. Branch had with Nutronix. Again, we respectfully submit that this omission was intentional because the production of these documents would have conclusively established the independent contractor nature of the relationship that Mr. Branch had with Nutronix. Attached hereto as Attachment B is the IRS Form 1099 that Nutronix issued to Mr. Branch for 2008. This 1099 clearly established that Mr. Branch was an independent contractor.

In light of all of the foregoing, Mr. Branch's claim must be dismissed and denied, and, respectfully stated, the DLLR must abstain from addressing in any way any dispute between Mr. Branch and Nutronix. Accordingly, Nutronix will not take this opportunity to itemize the damages suffered by Nutronix by the statements published by Mr. Branch on his YouTube account. Nonetheless, Nutronix reserves the right to substantiate these damages - and to pursue them - should this matter go forward in any way.

We believe Mr. Branch has made a claim to the DLLR that he knew to be unfounded in law or in fact.

We hope this response and the attachments enclosed herewith prove useful to the DLLR. If there is any additional information that the DLLR may need or desire, do not hesitate to contact us.
_____________________________________________________________________

I think the above information more than proves that Ronnie Branch cannot be trusted and will twist facts to suit whatever false claims that pop into his mind. Nutronix and The Berry Tree are fantastic companies run by honorable and upstanding people. The company just will not be bullied by someone like Ronnie Branch who thinks he is entitled to break any rule he wants without consequences. Well... he found out that is not the case and now he is angry that he is on the wrong side of the law.