STATEMENT OF POLICIES AND PROCEDURES

DISTRIBUTOR CHARTER OF RIGHTS

SECTION 1 – INTRODUCTION

  • A. Policies Incorporated Into IBP Agreement
  • B. Changes To The IBP Agreement, Policies And Procedures, Or Compensation Plan
  • C. Delays
  • D. Policies And Provisions Severable
  • E. Waiver

SECTION 2 –BECOMING INDEPENDENT BRAND PROMOTERS

  • A. Requirements To Become An INDEPENDENT BRAND Promoter (IBP)
  • B. New IBP Registration By Internet
  • C. IBP Benefits
  • D. Term And Renewal of a Company Business

SECTION 3 – ACCEPTANCE OF RISK AND THE POLICY ON THE COMPANY INCOME DISCLAIMER

  • A. Due Diligence
  • B. Income Disclaimer

SECTION 4 – ADVERTISING

  • A. Adherence To The Company Compensation Plan
  • B. Use Of Sales Aid
  • C. Intellectual Property
  • D. Advertised Price
  • E. Media And Media Inquiries

SECTION 5 –OPERATING A COMPANY BUSINESS

  • A. Unauthorized Claims And Action
    • a. Indemnification
  • B. Endorsement of Company Products & Services
  • C. Conflicts
    • a. Non-Solicitations
    • b. Targeting Other Direct Sellers
    • c. Privacy and Confidentiality
    • d. The Data Management Rule
  • D. Cross Sponsoring
  • E. Governmental Approval Or Endorsement
  • F. Identification
  • G. Independent Contractor Status
  •  H. Stacking
  • I. One Company Business Per IBP
  • J. Sale, Transfer, Or Assignment Of A Company Business
  • K. Sponsoring

SECTION 6 – AN IBP’S RESPONSIBILITIES

  • A. Change Of Address, Telephone No., Email-Address
  • B. Responsibilities of a Sponsoring IBP
    • a. Initial Training
    • b. Ongoing Training Responsibilities
  • C. Non-disparagement
  • D. Reporting Policy Violations

SECTION 7 – BILLING

SECTION 8 – BONUSES AND COMMISSIONS

  • A. Bonus And Commission Qualifications
  • B. Errors Or Questions
  • C. Bonus Buying Prohibited
  • D. Reports
  • E. Refund Policy

SECTION 9 – DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS

  • A. Disciplinary Sanctions
  • B. Mediation
  • C. Arbitration
  • D. Governing Law, Jurisdiction, And Venue

SECTION 10 – EFFECT OF CANCELLATION

  • A. Effect Of Cancellation And Termination

SECTION 11 – DEFINITIONS

DISTRIBUTOR CHARTER OF RIGHTS

We, at this Company, understand that our Representatives are the backbone of the company so we put our gratefulness in writing with a powerful IBP’s CHARTER OF RIGHTS. This CHARTER OF RIGHTS ensures we have your best interest at Heart.

More than words—it’s in Writing.

YOU HAVE THE RIGHT:

To a Company Champions Club

To True Ownership and Protection

To Be Our Experts

To Explanation and Reasonable Notice

To Share in the Fun and Incentives

To Help Us Think Up What’s Next

To Fair and Consistent Treatment

To Maintain Your Original Agreement    

To receive important communication such as new products or price changes in advance with at least 30 days’ notice

To share direct customers feedback to make us better

To participate in voting system for future decisions to be made.

To own and operate your own independent business.

For your personal business relationships to be protected and honored.

To be treated with mutual respect, honesty and loyalty

SECTION 1 – INTRODUCTION

1.1 – Policies Incorporated into IBP Agreement

The terms and conditions found in these Policies and Procedures (“Policies”), in their present form or as amended at any time by COMPANY in the future, are incorporated into and form an integral part of the Company Independent Brand Promoter Agreement (“IBP Agreement”). Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Company IBP Agreement, these Policies, and the Company Compensation Plan. These documents are incorporated by reference into the IBP Agreement (all in their current form and as amended by the Company now or at any time in the future). It is the responsibility of each IBP to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies. When sponsoring a new IBP, it is the responsibility of the sponsoring IBP to provide the most current version of these Policies and Procedures prior to any execution of the IBP Agreement.

1.2 – Changes to the IBP Agreement, Policies and Procedures, or Compensation Plan

Because different laws and regulations, as well as the business environment, periodically change, Company reserves the right to amend the Agreement and the prices of its services in its sole and absolute discretion. Further, the Company reserves the right to withdraw any of its services at any time without notice. Notification of amendments shall appear in Company Official Materials. Amendments shall be effective upon publication in such Company Official Materials, including but not limited to any of the following: (i) posting on the Corprate website, (ii) e-mail distribution; (iii) or any other commercially reasonable method. The continuation of an IBP’s business or the acceptance of bonuses or commissions constitutes acceptance of all amendments.

1.3 – Delays

Company shall not be responsible for delays and failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, flood, death, hacking, system failure, hacks, delay from a third party vendor or partner, curtailment of a party’s source of supply power or government decrees and/or orders.

1.4–Policies and Provisions Severable

If any provision of the Agreement, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid, or unenforceable provision never comprised a part of the Agreement.

1.5 –Waiver

The Company never gives up its right to insist on compliance with the Agreement and with any applicable laws governing the conduct of a business. No failure of the Company to exercise any right or power under the Agreement or to insist upon strict compliance by an IBP with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of the Company’s right to demand exact compliance with the Agreement. Waiver by Company can only be effectuated in writing by an authorized officer of the Company.

SECTION 2 – BECOMING AN INDEPENDENT BRAND PROMOTER

2.1 – Requirements to Become an INDEPENDENT BRAND PROMOTER (IBP)

To become an IBP of Company, each applicant must:

A.         Be at least eighteen (18) years of age and have the legal capacity to enter into agreement with the Company;

B.         Reside in countries, territories, or general locales officially opened by Company;

C.         Submit a properly completed and signed hardcopy or electronic IBP Agreement and agree to comply with the latest version of Company’s Terms and Conditions/ Terms of Use, Privacy Policy, and any other applicable document; and

E.         Submit payments in accordance with non-commissionable enrollment fees.

F.         And fulfill any additional requirement in the IBP Agreement or other Official Material of the Company.

2.2 – New IBP Registration by the Internet

A prospective IBP may self-enroll on his or her sponsor’s web site. In such event, Company will accept the Agreement by way of an “electronic signature” rather than submission via physical hard copy of the Agreement. An IBP’s acceptance of the “electronic signature” signifies his or her tacit acceptance of the terms and conditions of the IBP Agreement, as well as the acceptance and understanding of these Policies. Please note that such electronic signature constitutes a legally binding agreement between you and the Company.

2.3 – IBP Benefits

Upon the Company’s acceptance of an IBP Agreement, the benefits of the Company Compensation Plan and the IBP Agreement become immediately available. These benefits include the following rights:

A.         The ability to sell Company products/services;

B.         The ability to participate in the Company Compensation Plan (i.e., receive bonuses and commissions, if eligible);

C.         Sponsor other individuals as customers (“Customers”) and downline IBPs into the business, thereby building an organization and progressing through the Company Compensation Plan; and

D.         Receive periodic Company literature and other Corporate communications.

2.4–Terms and Renewal of a Company Business

Twelve (12) months from the date of enrollment into Company, an IBP must renew his or her business through the payment of the applicable fees. If an IBP allows his or her business to expire due to nonpayment of this renewal fee, the IBP will lose any and all rights to his or her downline organization unless payment occurs within thirty (30) days.

Upon payment of the renewal fee within the thirty-day grace period, the IBP will resume the rank and position held immediately prior to the expiration of the Agreement. However, such IBP’s paid as level will not be restored unless he or she qualifies at that payout level in the new month. The IBP is not eligible to receive commissions for the time period that the IBP’s business was expired.

SECTION 3 – ACCEPTANCE OF RISK AND THE POLICY ON THE COMPANY INCOME DISCLAIMER

3.1 – Due Diligence

We at Company expect you to confirm that the Company products and services you purchase will meet your needs. The information contained with the Company services is for general information and educational purposes only and should under no circumstance be interpreted as financial, investment and/or legal advice. We do not make any guarantee that you will obtain a particular result or profits in the FOREX market. All information is designed to enable users of the Company products and services to be able to invest independently, as RESULTS MAY VARY. THE COMPANY DOES NOT PROVIDE SPECIFIC INVESTMENT ADVICE. You acknowledge that you have conducted sufficient due diligence with regards to the risks associated with FOREX and recognize that financial loss(es) may occur. 

Investing and trading in FOREX is inherently risky and could potentially lead to permanent and significant and/or total monetary losses. You are strongly recommended to consult the advice of a legal and/or financial professional to establish if this type of investing suits your personal and financial situation and risk profile.

3.2 – Income Disclaimer

As a way to conduct better business practices, Company hereby puts forth a disclaimer on income earnings (“Income Disclaimer”). This Income Disclaimer is to convey truthful, timely, and comprehensive information regarding the income that Company IBPs may earn. To accomplish this objective, you must discuss and present the Income Disclaimer to all prospective IBPs.

A copy of the Income Disclaimer must be presented to a prospective IBP (someone who is not yet a party to a pre-existing IBP Agreement) anytime the Compensation Plan is presented or discussed, or any type of income claim or earnings representation is made.

The terms “income claim” and/or “earnings representation” (collectively “income claim”) includes all of the following: (i) statements of average earnings; (ii) statements of non-average earnings; (iii) statements of earnings ranges; (iv) income testimonials; (v) lifestyle claims; and (vi) hypothetical claims. An example of a “statement of non-average earnings” would be, “Our number one IBP earned over one million dollars last year,” or “Our average-ranking IBP makes three thousand dollars per month.” An example of a “statement of earnings ranges” would be, “The monthly income for our higher-ranking IBPs is eight thousand dollars a month on the low end up to twenty-five thousand dollars a month on the high end.”

In any meeting that is open to the public in which discussion of the Compensation Plan or any type of income claim occurs, you must provide every prospective IBP with a copy of the Income Disclaimer. Copies of the Income Disclaimer may be printed or downloaded without charge from the Company website.

SECTION 4 – ADVERTISING

4.1 – Adherence to the Company Compensation Plan

IBPs must adhere to the terms of the Company Compensation Plan as set forth in the Company’s Official Materials. You shall not offer the Company opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically stated in the Company’s Official Materials. You shall not require or encourage other current or prospective Customers or IBPs to participate in Company in any manner that varies from the program as set forth in Company Official Materials. IBPs shall not require or encourage other current or prospective Customers or IBPs to execute any agreement or contract outside of that found in official Company agreements and contracts. Similarly, IBPs shall not require or encourage other current or prospective Customers or IBPs to make any purchase from, or payment to, any individual or other entity to participate in the Company Compensation Plan other than those purchases or payments identified as recommended or required in Company Official Materials.

4.2 – Use of Sales Aids

To promote both the Company products/services and opportunity, IBPs must only use the sales aids and support materials produced by the Company. Should a Company IBP develop and use their own sales aids and promotional materials (which includes all forms of independent Internet advertising), notwithstanding any good intentions, the unintentional violation of any number of laws or regulations affecting the Company business may occur. These violations, even if possibly few in number, could and likely would jeopardize the Company opportunity for all. Accordingly, IBPs must submit all written sales aids, promotional materials, advertisements, websites and other literature to the Company for Company’s approval prior to use. Unless you receive specific written approval to use the material, your request shall be deemed denied. All IBPs shall safeguard and promote the good reputation of Company and its products/services. The marketing and promotion of Company, the Company opportunity, the Compensation Plan, and Company products/services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.

4.3 -Intellectual Property

The Company will not allow the use of its trade names, trademarks, designs, or symbols outside of Corporate produced and approved sales aids without prior written authorization from the Company. Furthermore, no IBP may use, publish, reproduce, advertise, sell, or display in any manner the name, picture or likeness, or voice of another IBP without prior written consent from the corresponding IBP.

4.4 – Advertised Price

You may not advertise any of Company’ products/services at a price LESS than the highest Company published price. No special enticement advertising is allowed, such as (but not limited to) offers of free educational content, a free Company business, or any other offer that grants advantages beyond those available through and provided by the Company.

4.5 –Media and Media Inquiries

IBPs must not initiate any interaction with the media or attempt to respond to media inquiries regarding Company, its products/services, or an independent Company business. All inquiries by any type of media must be immediately referred to the Company Corporate Office. This is so the Company can better ensure the accurate and consistent flow of information to the public, as well more adequately reflect the Company’s true public image.

SECTION 5 – OPERATING A COMPANY BUSINESS.

5.1 – Unauthorized Claims and Action

     5.1.1 – Indemnification

An IBP is fully responsible for all of his or her verbal and/or written statements made regarding Company products/services and the Compensation Plan, which are not expressly contained in Company Official Materials. IBPs agree to indemnify Company and hold it harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by Company as a result of the IBP’s unauthorized representations or actions. This provision shall survive the cancellation of the IBP Agreement.

5.2 –Endorsements of Company Products & Services

No claims as to any services offered by Company may be made except those contained in Company Official Materials.

5.3 – Conflicts

     5.3.1 – Non-solicitations

During the term of this Agreement, IBPs may not directly or indirectly recruit other Company Customers or IBPs other than those they have personally sponsored for any other Network Marketing business. Following the cancellation of an IBP Agreement, and for a period of one (1) calendar year thereafter, with the exception of an IBP who is personally sponsored by the former IBP, a former IBP may not recruit any Company Customer or IBP for another Network Marketing business.

     5.3.2 – Targeting Other Direct Sellers

Should IBPs engage in solicitation and/or enticement of members of another direct sales company to sell or distribute Company products and services, they bear the risk of being sued by the other direct sales company. If any legal action is brought against an IBP alleging that they engaged in inappropriate recruiting activity of its Customers or sales force, Company will not pay any of IBP’s defense costs or legal fees, nor will Company indemnify the IBP for any judgment, award, or settlement.

     5.3.3 – Privacy and Confidentiality

All IBPs are required to abide by the Company’s Privacy Policy with regards to Customer or IBP information.

     5.3.4- The Data Management Rule

The Data Management Rule is intended to protect the Line of Sponsorship (LOS) for the benefit of all IBPs, as well as Company. LOS information is information compiled by the Company that discloses or relates to all or part of the specific arrangement of sponsorship within the Company business, including, without limitation, IBP lists, sponsorship trees, and all IBP information generated therefrom, in its present and future forms. The Company LOS constitutes a commercially advantageous, unique, and proprietary trade secret (Proprietary Information), which it keeps proprietary and confidential and treats as a trade secret. Company is the exclusive owner of all Proprietary Information, which is derived, compiled, configured, and maintained through the expenditure of considerable time, effort, and resources by Company and its IBPs. Through this Rule, IBPs are granted a personal, non-exclusive, non-transferable and revocable right by Company to use Proprietary Information only as necessary to facilitate their business as contemplated under these Policies and Procedures. The Company reserves the right to deny or revoke this right, upon reasonable notice to the IBP stating the reason(s) for such denial or revocation, whenever, in the reasonable opinion of Company, such is necessary to protect the confidentiality or value of Proprietary Information. All IBPs shall maintain Proprietary Information in strictest confidence, and shall take all reasonable steps and appropriate measures to safeguard Proprietary Information and maintain the confidentiality thereof.

5.4 – Cross–Group Sponsoring

Actual or attempted cross-group sponsoring is strictly prohibited. “Cross-group sponsoring” is defined as the enrollment, indirect or otherwise, of an individual or entity that already has a current Customer number or IBP Agreement on file with Company, or who has had such an agreement within the preceding twelve (12) calendar months, within a different line of sponsorship. The use of a fictitious identification number to circumvent this policy is prohibited. This policy shall not prohibit the transfer of a Company business in accordance with these Policies and Procedures.

5.5 – Governmental Approval or Endorsement

Neither federal nor state regulatory agencies nor officials approve or endorse any direct selling or network marketing companies or programs. Therefore, IBPs shall not represent or imply that Company or its Compensation Plan have been “approved,” “endorsed,” or otherwise sanctioned by any government agency.

5.6 -Identification

Upon enrolment, the Company will provide a unique IBP Identification Number to the IBP by which they will be identified. This number will be used to place orders and track commissions and bonuses.

5.7 – Independent Contractor Status

You are an independent contractor. You are not an agent, employee, partner, or joint venture with the Company. You may not represent yourself as anything other than an INDEPENDENT BRAND PROMOTER. You have no authority to bind Company to any obligation. You are responsible for paying any applicable taxes in relations to laws, ordinances, codes, regulations, statutes or treaties. You must obey any and all laws, ordinances, codes, regulations, statutes or treaties, as well as Company rules and regulations pertaining to your independent Company Business or the acquisition, receipt, holding, selling, distributing or advertising of Company’s products and services.

IBPs shall not answer the telephone by saying “Company,” “Company Headquarters,” or by any other manner that would lead the caller to believe that they have reached the Corporate offices. You may only represent yourself as an INDEPENDENT BRAND PROMOTER of Company. Therefore, all correspondence and business cards relating to or in connection with your Company business shall contain your name followed by the term “INDEPENDENT BRAND PROMOTER” or simply “IBP.”

5.8 – Stacking

Stacking is the unauthorized manipulation of the Company compensation system and/or the marketing plan to trigger commissions or cause a promotion off a downline IBP in an unearned manner. One example of stacking occurs when a Sponsor places participants under an inactive downline participant (who may not know or have any relationship with a Customer) to trigger unearned qualification for commissioning. Another example of stacking is the manipulative placement of IBPs within a downline organization as to trigger a promotion. Stacking is unethical and unacceptable behavior, and as such, it is a punishable offense with measures up to and including the termination of the IBP’s positions of all individuals found to be directly involved.

The goal of the Company is to provide exceptional services and products to its customers with the support of our passionate members and IBPs. In order to ensure that all our customers receive an exceptional service and the applicable Compensation Plan is fully complied with, the IBP explicitly agree to ensure following;

  • A. To strictly follow all the terms, conditions, policy and instructions issued by the Company which might be amended from time to time as the sole discretion of the Company.
  • B. To always be aware of all applicable federal, state and local laws and regulations and comply with the same,
  • C. To always be aware of best ethical and legal international practices in the industry and comply with the same,
  • D. It shall be the sole responsibility of the respective IBP to provide the most current and clear information to each applicant,
  • E. The IBP shall never manipulate the company’s Compensation Plan that results in unintended outcome in their favor. For example, if an IBP is falling short of the required CV to make the targeted commission, then the IBP shall not try to bypass the mandatory CV requirement by buying the package themselves and adjusting the same in their downline to hit the required CV limit.

Such an activity shall be considered as a serious unethical manipulation and the concerned IBP shall be subject to all or any of the penalties as provided below, in addition to other actions that can be taken under this document or any other Company document;

Penalties:

If an IBP is found to be manipulating, breaching (either directly or indirectly) any of the conditions specified in the FRP or the conditions provided above then the said IBP shall;

  • A. The entire Cycle commission and/or
  • B. The concerned IBP’s account shall be suspended for at least a month and/or

5.9 – One Company Business per IBP

An IBP may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one Company business. No individual may have, operate or receive compensation from more than one Company business. Individuals of the same family unit may each enter into or have an interest in their own separate Company businesses, only if each subsequent family position is placed frontline to the first family member enrolled. A “family unit” is defined as spouses and dependent children living at or doing business at the same address.

5.10 – Sale, Transfer, or Assignment of a Company Business

Although a Company business is a privately owned, independently operated business, the sale, transfer or assignment of a Company business is subject to certain limitations. If an IBP wishes to sell their Company business, the following criteria must be met:

A.         Protection of the existing line of sponsorship must always be maintained so that the Company business continues to be operated in that line of sponsorship;

B.         The buyer or transferee must become a qualified Company IBP. If the buyer is an active Company IBP, they must first terminate their Company business and wait six (6) calendar months before acquiring any interest in the new Company business;

C.         Before the sale, transfer, or assignment can be finalized and approved by Company, any debt obligations the selling IBP has with Company must be satisfied; and

D.         The selling IBP must be in good standing and not in violation of any of the terms of the Agreement in order to be eligible to sell, transfer, or assign a Company business.

Prior to selling a Company business, the selling IBP must notify Company’s Compliance Department of their intent to sell the Company business. No changes in line of sponsorship can result from the sale or transfer of a Company business. An IBP may not sell, transfer, or assign portions of their business—the position must be sold in its entirety.

5.11- Sponsoring

All Active IBPs in good standing have the right to sponsor and enroll others into Company. Each prospective Customer or IBP has the ultimate right to choose his or her own Sponsor. If two IBPs claim to be the Sponsor of the same new IBP or Customer, the Company shall regard the first application received by the Company as controlling.

If Spouses or Life Partners operate separate Distributorships, one Spouse or Life Partner must be the Sponsor of the other. Company may require the transfer of a Distributorship to ensure compliance with these requirements.

If IBPs with separate Distributorships are Spouses or Life Partners, one of the IBPs must sell or terminate its Distributorship and: (a) be added to the other IBPs Distributorship; or (b) open a new Distributorship under the sponsorship of the other IBPs

Distributorship: The sale of a Distributorship is subject for approval. The Customers and Downline remain with the sold

or terminated Distributorship.

Company may, in its absolute discretion, terminate the most recent Distributorship if the IBPs do not comply with clause.

SECTION 6 – AN IBP’s RESPONSIBILITIES

6.1 – Change of Address, Telephone, Email-Address

To ensure timely communications, delivery of support materials and commission checks, it is critically important that the Company’s files are current. IBPs planning to move or change their email address must submit an amended IBP Agreement complete with the new information.

6.2 – Responsibilities of a Sponsoring IBP

     6.2.1 – Initial Training

Any IBP who sponsors another IBP into Company must perform a bona fide assistance and training function to ensure that their downline is properly operating their Company business. IBPs must provide the most current version of the Policies and Procedures, the Income Disclosure Statement, and Compensation Plan to individuals whom they are sponsoring to become IBPs before the applicant signs an IBP Agreement.

     6.2.1 – Ongoing Training Responsibilities

IBPs must monitor the IBPs in their downline organizations to ensure that downline IBPs do not make improper product or business claims, or engage in any illegal or inappropriate conduct. Upon request, every IBP should be able to provide documented evidence to Company of their ongoing fulfilment of the responsibilities of a Sponsor.

6.3 – Non-disparagement

IBPs must not disparage, demean, or make negative remarks about Company, other Company IBPs, Company’s products and services, the Compensation Plan, or Company’s owners, board members, directors, officers, or employees.

6.4 – Reporting Policy Violations

IBPs observing a Policy violation by another IBP should submit a written report of the violation directly to the attention of the Company Compliance Department, complete with all supporting evidence and pertinent information. It is important to understand that information that is submitted will be kept confidential.

SECTION 7 – BILLING

An IBP must submit payment of certain fees at the time of enrollment. This fee is non-commissionable. However, Company does not require an IBP to purchase any products/services as a condition to his/her participation in the income opportunity.

SECTION 8 –COMMISSIONS AND REFUND POLICY

8.1 – Bonus and Commission Qualifications

In order to qualify to receive commissions and bonuses, an IBP must be in good standing and comply with the terms of the Agreement and these Policies and Procedures. An IBP will qualify to receive all Company commissions and bonuses so long as he, she or it fulfils the requirements prescribed within the Compensation Plan. For more information, please see the Company Compensation Plan.

8.2 – Errors or Questions

If an IBP has questions about or believes any errors have been made regarding commissions, bonuses, Downline Activity Reports, or charges, the IBP must notify Company in writing within thirty (30) days from the date of the purported error or incident in question. Company will not be responsible for any errors, omissions, or problems not reported to the Company beyond these initial 30 days.

8.3 – Bonus Buying Prohibited

Bonus buying is strictly and absolutely prohibited. Bonus buying includes: (i) the enrollment of individuals or entities without the knowledge of and/or execution of an IBP Agreement by such individuals or entities; (ii) the fraudulent enrollment of an individual or entity as an IBP or Customer; (iii) the enrollment or attempted enrollment of non-existent individuals or entities as IBPs or Customers (“phantoms”); (iv) purchasing Company services on behalf of another IBP or Customer, or under another IBP’s or Customer’s ID number, to qualify for commissions or bonuses; and/or (v) any other mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions, or bonuses that is not driven by bona fide product or service purchases by end user consumers.

8.4 – Reports

All information provided by Company, including but not limited to personal sales volume (or any part thereof), and downline sponsoring activity is believed to be accurate and reliable. Nevertheless, due to various factors including but not limited to the inherent possibility of human and mechanical error; the accuracy, completeness, and timeliness of orders; denial of credit card and electronic check payments, an IBP whose IBP Agreement is cancelled shall receive commissions and bonuses only for the last full pay period he or she worked prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).

A Company participant has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address or the appropriate cancellation email address.

8.5 – Refund Policy

Company offers refund as per the Refund Policy provided on its website.

SECTION 9 –DISCIPLINARY PROCEEDINGS

9.1 – Disciplinary Sanctions

Violation of the Agreement, these Policies and Procedures, violation of any laws, regulations, international statutes or treaties, or any act or omission by an IBP that, in the sole discretion of the Company, may damage its reputation or goodwill (such damaging act or omission need not be related to the IBP’s Company business), may result, at Company’s discretion, in one or more of the following corrective measures:

• Issuance of a written warning or admonition;

• Requiring the IBP to take immediate corrective measures;

• Imposition of a fine, which may be withheld from bonus and commission checks;

• Loss of rights to one or more bonus and commission checks;

• With holding from an IBP all or part of the IBP’s bonuses and commissions during the period that Company is investigating any conduct allegedly contrary to the Agreement. If an IBP’s business is cancelled for disciplinary reasons, the IBP will not be entitled to recover any commissions withheld during the investigation period;

• Suspension of the individual’s IBP Agreement for one or more pay periods;

• Involuntary termination of the offender’s IBP Agreement;

• Any other measure expressly allowed within any provision of the Agreement or which Company deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the IBP’s policy violation or contractual breach;

• Instituting legal proceedings for monetary and/or equitable relief. Each violation is reviewed on a case-by-case basis, and all disciplinary actions are at the sole discretion of Company.

9.2 – DISPUTES

Any dispute between the Parties shall be resolved as per the process and the Governing Law provide in the Terms of Use which are available on the Company website.

NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.

Nothing in these Policies and Procedures shall prevent Company from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction, or other relief available to safeguard and protect Company’s interest prior to, during, or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.

SECTION 10 – EFFECT OF TERMINATION

So long as an IBP remains active and complies with the terms of the IBP Agreement and these Policies, Company shall pay commissions to such IBP in accordance with the Compensation Plan. An IBP’s bonuses and commissions constitute the entire consideration for the IBP’s efforts in generating sales and all activities related to generating sales (including, but not limited to, building a downline organization). Following an IBP’s non-continuation of his or her IBP Agreement, cancellation for inactivity, or voluntary or involuntary cancellation (termination) of his or her IBP Agreement (all of these methods are collectively referred to as “Cancellation”), the former IBP shall have no right, title, claim or interest to the downline organization which he or she operated, or any commission or bonus from the sales generated by the organization. IBPs waive any and all rights, including, but not limited to, property rights, in the downline which they may have had. Following an IBP’s cancellation of his or her IBP Agreement, the former IBP shall not hold him or herself out as a Company IBP and shall not have the right to sell Company products/services. An IBP whose IBP Agreement is cancelled shall receive commissions and bonuses only for the last full pay period he or she worked prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).

A Company participant has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at the appropriate Company email address.

SECTION 11 – DEFINITIONS

AGREEMENT: The contract between the Company and each IBP, which includes the following: (i) the INDEPENDENT BRAND PROMOTER Agreement, the Company Policies and Procedures, and the Company Compensation Plan — all in their current form and as amended by the Company in its sole and absolute discretion. These documents are collectively referred to as simply the “Agreement.”

CANCEL: The termination of an IBP’s business. Cancellation may occur by way of voluntary/involuntary actions and conduct.

COMPENSATION PLAN: The guidelines and referenced literature for describing how a Company IBP can generate commissions and bonuses.

CUSTOMER: One who merely purchases the Company products/services, neither engaging in the sale of such services or the building of an independent business.

INDEPENDENT BRAND PROMOTER: One who purchases Company products/services and generates sales and commissions.

LINE OF SPONSORSHIP (LOS): A report generated by Company that provides critical data relating to the identities of IBPs, sales information, and the enrolment activity of each IBP’s organization. This report contains confidential and trade secret information which is proprietary to Company.

ORGANIZATION: The Customers and IBPs placed below a particular IBP.

COMPANY OFFICIAL MATERIAL: Any literature, audio, and other materials developed, printed, published, and distributed by Company to its INDEPENDENT BRAND PROMOTERs.

PLACEMENT: Your position inside your Sponsor’s organization.

RECRUIT: For purposes of Company’s Conflict of Interest Policy, the term “Recruit” means the actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another Company Customer/IBP to enroll or participate in another multilevel marketing, network marketing, or direct sales opportunity.

SPONSOR: An IBP who enrolls and subsequently trains a Customer/IBP into the Company, and is listed as the Sponsor on the IBP Agreement.

UPLINE: This term refers to the IBP(s) above a particular IBP in a sponsorship line up to the Company. It is the line of sponsors that links any particular IBP to the Company.