Policies and Procedures | Competitive Games

Herein, Competitive Games International shall be referred to as the “Company” or “Company’s”. Independent Marketing Affiliates may also be referred to as Sponsors.

As an Independent Marketing Affiliate of the “Company”, I hereby promise and agree that:

I will be honest and forthright in all my transactions while acting as an Independent Marketing Affiliate of the “Company”, and will perform all activities in a manner that will enhance my reputation and the reputation of the “Company”.
I will not engage in any illegal or deceptive practice.
I will respect the time and privacy of everyone I contact to become retail customers or Independent Marketing Affiliates of the “Company”. I will be courteous and respectful to everyone contacted in the course of my Company business. I recognize The “Company’s” officers have strong personal convictions regarding the ethical conduct of all “Company” Independent Marketing Affiliates.
I will fulfill my leadership responsibilities as a sponsor, including training and providing support to the Independent Marketing Affiliates in my organization. I will provide ongoing support to my organization, acknowledging that the people I sponsor will have an increased opportunity for success in the “Company” when they receive ongoing training and support.
I will make no income claims or representations regarding the “Company” compensation plan, except those in “Company” literature. I acknowledge that an Independent Marketing Affiliate’s success depends on many variables, such as amount of time and effort committed to his or her business and his or her organizational ability.
I will not make claims for “Company” products, services or its income opportunity except as published in official “Company” literature. I shall safeguard and promote the good reputation of the “Company” and its products and/or services and shall refrain from any conduct that might be harmful or detrimental to such reputation. I will only market such products and services in a manner consistent with the best public interest and shall avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices. I will remember that even my personal experience of benefits received from “Company” products, services or its income opportunity may be interpreted as “Company” claims if I use those experiences as a sales device.
I will always honor The “Company’s” 100 percent satisfaction, money-back guarantee when dealing with my retail customers.
I understand and agree that I am solely responsible for all financial and legal obligations incurred by me in the course of my business as an Independent Marketing Affiliate of the “Company”, including self-employment taxes, income taxes, sales taxes, license fees, etc. I understand that I am an independent contractor for all federal and state tax purposes.
I will compete aggressively but fairly, and I will respect the participants of other network marketing opportunities. I will not solicit from the distributor lists or customer lists of other network marketing companies, nor focus sales or recruiting efforts solely on the customers or Independent Marketing Affiliates of any one other company. I will not use sales materials that are regarded as proprietary by other companies.

Independent Marketing Affiliate Statement of Policies and Procedures

Becoming an Independent Marketing Affiliate. An applicant becomes an Independent Marketing Affiliate of the “Company” when the following requirements are completed:
1. The applicant purchases or qualifies for a Member of the House retail package. The retail package is sold at “Company” cost. This sum is not a service or franchise fee, but rather is strictly to offset costs incurred by the “Company” for educational, promotional and business materials required for an Independent Marketing Affiliate of the “Company” to start business.
The “Company” reserves the right to decline any Independent Marketing Affiliate Application, including the application of any person who has had a financial interest of any kind in any Independent Affiliate Position under a different enroller in the preceding six months.
Legal age. Independent Marketing Affiliates must be of legal age in the jurisdiction where they market “Company” products and services.
Independent Marketing Affiliate rights. All Independent Marketing Affiliates are authorized to sell “Company” products and services, and to participate in the “Company” compensation plan. All Independent Marketing Affiliates may enroll new Independent Marketing Affiliates.
No purchase required. No person is required to purchase any “Company” products or services. The only purchase required of new Independent Marketing Affiliate is the purchase of a “Company” retail membership package, sold at “Company” cost to support the efforts of each new Independent Marketing Affiliate with training tools, sales support.
Married couples. Married couples who both wish to participate must share a single Independent Affiliate Position. Independent Marketing Affiliates who marry must maintain separate Independent Marketing Affiliate status, unless one is the direct sponsor of the other, or they have the same sponsor, in which case their Independent Affiliate Positions may be consolidated. When a couple sharing an Independent Affiliate Position divorces or separates, the “Company” will continue to pay commissions and bonuses as before the divorce or separation until it receives written notice, signed by both parties, specifying to how they wish the Independent Affiliate Position to be managed thereafter. The “Company” reserves the right to accept or reject any such changes, however, the “Company” will recognize any final judicial or adjudicatory disposition of the Independent Affiliate Position.
Simultaneous interests. Independent Marketing Affiliates and their spouses or dependents may not have a financial interest in more than one Independent Affiliate Position without the written consent of the “Company”. For example, neither a shareholder of a corporation that is an Independent Marketing Affiliate, nor a partner of a partnership that is an Independent Marketing Affiliate may become an Independent Marketing Affiliate individually.
Corporate, partnership and trust documents required. Corporations, Partnerships and Trusts may apply to become Independent Marketing Affiliates of the “Company” only when the Independent Marketing Affiliate Application and Agreement is accompanied by copies of:
1. Articles of incorporation, partnership agreement or trust documents as filed with the State.
2. Corporate applicants must disclose a complete list of all directors, officers, and shareholders involved in the corporation. Partnerships must disclose all general and limited partners. Trusts must disclose the trustee and beneficiary.
3. Proof must be provided of a Federal ID Number and a copy of the Annual Certification from the Secretary of State of the State of Trust, Partnership Registration or Incorporation.
4. Shareholders, partners, beneficiaries and trustees, directors and officers, as applicable, agree to remain personally liable to the “Company” and bound by its rules and regulations.
However, no individual may participate directly or indirectly in more than one Independent Affiliate Position in any form, without express written permission from the “Company”. Only in the most extreme and extraordinary circumstances will this be considered.
Changes To Independent Marketing Affiliate Business Form. The “Company” reserves the right to approve or disapprove Independent Marketing Affiliate's change of business names, formation of partnerships, corporations, and trusts for tax, estate planning, and limited liability purposes. If the “Company” approves such a change by Independent Marketing Affiliate, the organization's name and the names of the principals of the organization must appear on the Independent Marketing Affiliate application agreement along with a social insurance number, social security number or federal identification number.

An Independent Marketing Affiliate may change status under the same sponsor (i.e. individual, partnership or corporation) with proper and complete documentation as may be required by the “Company”.

To form a new Independent Affiliate Position as a partnership or corporation or to change status to one of these forms of business to another, the Independent Marketing Affiliate must request a partnership / corporation form from the “Company”. This form must be submitted detailing all partners, stockholders, officers or directors in the partnership or corporation. The partner or officer who submits the form must be authorized to enter into binding contracts on behalf of the partnership or corporation. The Independent Marketing Affiliate must also certify that no person with an interest in the partnership/ corporation currently has, or has had, an interest in a Independent Affiliate Position, within 6 months of the submission of the form (unless it is the continuation of an existing Independent Affiliate Position that is changing its form of doing business). Note that any change in a partner or a shareholder will be considered as a change in the Independent Affiliate Position and the “Company’s” consent will be necessary. Since a partnership or corporate Independent Marketing Affiliate is under the control of its owners or principals, it is agreed that acts of partners, shareholders, officers, directors, affiliates or employees, which are in contraventions of the “Company’s” Policies and Procedures shall be attributable to the corporate or partnership entity.
Fictitious and assumed names prohibited. A person or entity may not apply as an Independent Marketing Affiliate using a fictitious or assumed name.
Independent Contractor status. All Independent Marketing Affiliates are independent contractors with the “Company”, and not franchisees, joint ventures, partners, employees, or agents of the “Company”. Independent Marketing Affiliates are strictly prohibited from stating or implying, whether orally or in writing, they are franchisees, joint ventures, partners, employees, or agents of the “Company”. Independent Marketing Affiliates may not bind “Company” to any obligation. In all cases, any reference the Independent Marketing Affiliate makes to him/herself must clearly set forth the Independent Marketing Affiliate’s independent status. For example, if the Independent Marketing Affiliate has a business telephone or web address (i.e. URL) the telephone or web site may not be listed under the “Company's” name or in any other manner, which does not disclose the independent contractor status of the Independent Marketing Affiliate.
Monthly Fee. Independent Marketing Affiliates must renew their Independent Affiliate Position montly for a flat fee of $40. The monthly renewal fee is due on the anniversary of an Independent Marketing Affiliate’s application to the “Company”. Although the responsibility for renewing belongs to each Independent Marketing Affiliate, the “Company” will remind Independent Marketing Affiliates when their renewal is due. Any Independent Marketing Affiliate not renewing by the renewal date shall be deemed to have voluntarily terminated their Independent Affiliate Position as per the Compensation Plan, meaning that after 30 days the Accumulated Point Volume is lost and after another 30 days unpaid the position is made inactive and considered dead, thereby forfeiting the Independent Affiliate Position, all sponsorship rights, position earned, and any future compensation. The terminated Independent Marketing Affiliate's data base shall be transferred to that Independent Marketing Affiliate’s sponsor.
Indemnity. Independent Marketing Affiliates agree to indemnify and hold harmless “Company”, its shareholders, employees, agents, and successors in interest from and against any claim, demand, liability, loss, cost, or expense, including, but not limited to, attorney’s fees arising or alleged to arise in connection with the Independent Affiliate Position, and any matter related to the Independent Marketing Affiliate’s performance under the Independent Marketing Affiliate Agreement.
Taxes. Independent Marketing Affiliates will be treated as independent contractors for all federal or state tax purposes. As independent contractors, Independent Marketing Affiliates will not be treated as employees, franchisees, joint ventures, partners, employees, or agents with respect to the Internal Revenue Code, Social Security Act, Federal Unemployment Act, state unemployment acts, or any other federal, state, or local statue, ordinance, rule, or regulation. The Company will issue Form 1099’s to the Independent Marketing Affiliate and the IRS as required by law.
Legal compliance. All Independent Marketing Affiliates shall comply with all federal and state statutes and regulations and local ordinances and regulations concerning the operation of their businesses. All Independent Marketing Affiliates are responsible for their own managerial decisions and expenditures, including all estimated income and self-employment taxes. At the end of each calendar year, the “Company” will issue an IRS Form 1099-MISC for non-employee compensation for Independent Marketing Affiliates as required by law.
Independent Marketing Affiliate identification number. All Independent Marketing Affiliates will be required to provide a Social Security number or Federal ID number, and Company will use this number until such time as an Independent Marketing Affiliate identification number is assigned and for all government reporting purposes. While respecting the rights of the “un-numbered,” the “Company” chooses, as a right of contract, to only enter into agreements with those who are willing to provide a taxpayer identification number. The Independent Marketing Affiliate identification number must be indicated by the Independent Marketing Affiliate on all correspondence with the “Company”, including paperwork for enrolling, product ordering, etc.
Other products and services. Independent Marketing Affiliates shall not sell any competing non-“Company” products, services or in any way promote to Independent Marketing Affiliates of the “Company”, any opportunities in marketing programs of other companies, unless approved in advance in writing by the “Company”. Any efforts to personally enroll Independent Marketing Affiliates, may not take place on the occasion of or at a place designated for or associated with a “Company” income opportunity meeting or “Company”-related activity. Any breach of this rule will result in termination of the offending Independent Marketing Affiliate.
No exclusive territories. There are no exclusive territories for marketing or enrolling purposes, nor shall any Independent Marketing Affiliate imply or state that he or she does have an exclusive territory. There are no geographical limitations (within the U.S. and its possessions) on Independent Marketing Affiliate enrolling.
Enrolling not compensated. Independent Marketing Affiliates may enroll other Independent Marketing Affiliates into the “Company” program. However, Independent Marketing Affiliates are compensated only on business volume, and never for enrolling additional participants into the program.
Obligations of Enrollers. All Independent Marketing Affiliates have the right to enroll others. In addition, every person has the ultimate right to choose his/her own enroller. If two Independent Marketing Affiliates should claim to have the right to enroll the same new Independent Marketing Affiliate, the “Company” may regard the first application received by the “Company” as controlling.

As a general rule, it is good practice to regard the first Independent Marketing Affiliate to meaningfully work with a prospective Independent Marketing Affiliate as having first claim to sponsorship, but this is not necessarily controlling. Basic tenets of common sense and consideration should govern.

As a convenience to its Independent Marketing Affiliates, the “Company” may provide various methods of registering of newly sponsored Independent Marketing Affiliates, including online or telephone registration and facsimile registration. Until such time as the “Company” receives an application, either as hard copy or by facsimile, containing all appropriate information, as well as the signature of the proposed new Independent Marketing Affiliate, the “Company” will only consider the incomplete telephone or facsimile registration in the category of “intended” registration. Thus, although the “Company” is attempting to create some convenience for its enrolling Independent Marketing Affiliates, it is the responsibility of the enrolling Independent Marketing Affiliate to cause delivery to the “Company” of a completed and signed Independent Marketing Affiliate agreement if the sponsor is to expect recognition as the official sponsoring Independent Marketing Affiliate.

There is no “magic” involved in the “Company” or in any business. Those who sponsor widely, but who do not help new Independent Marketing Affiliates develop their business, can expect to meet with limited success. Therefore, a responsibility of sponsorship is to work with new Independent Marketing Affiliates, helping them learn the business and encouraging them during the critical early months.

Independent Marketing Affiliates who choose to enroll are required to assure the adequate training of their enrolled Independent Marketing Affiliates. “Adequate training” includes (but is not limited to) education regarding “Company” rules and regulations, compensation plan, product information, sound business practices, sales strategies, and ethical behavior. An enroller must maintain an ongoing, professional leadership association with Independent Marketing Affiliates in his/her organization and must fulfill the obligation of performing as a bona fide sales mentor or sales trainer in the sale or delivery of products to the ultimate consumer. Examples of such supervision may include, but are not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, training sessions, accompanying individuals to “Company” training, and sharing genealogy information with those enrolled. Independent Marketing Affiliates should be able to provide evidence to the “Company” upon request of ongoing fulfillment of enroller responsibilities.

Sponsors are not required to carry inventory of products or service aids for new Independent Marketing Affiliates. Independent Marketing Affiliates who do so, however, find building a major sales organization, data base much easier because of the decreased response time in meeting a new Independent Marketing Affiliate’s needs.
Transferring sponsorship. Transfer is rarely permitted and is actively discouraged. Maintaining the integrity of sponsorship is absolutely mandatory for the success of the overall organization.

Transfers will generally be approved in 3 circumstances only:
1. In cases of unethical sponsoring by the original sponsor. In such cases, the “Company” will be the final authority.
2. With the written approval of the immediate 2 up-lines, and in the case of a transfer with group, the signature of the down-lines agreeing to move.
3. Resigning from the “Company” entirely and waiting 6 months to reapply under the new sponsor.
4. In cases of unethical sponsoring, the individual may be transferred or reassigned in the “Company's” discretion, with any data base intact; in all other events, the individual alone is transferred without any data base, sponsored Independent Marketing Affiliates being removed from the original line of sponsorship.
Voluntary termination. An Independent Marketing Affiliate may voluntarily terminate his or her Independent Affiliate Position by failing to renew when applicable or upon written notice to the “Company”. Voluntary termination is effective upon receipt of such notice by the “Company” at its home office. An Independent Marketing Affiliate who terminates his or her Independent Affiliate Position may reapply after waiting six months from termination.
Disciplinary Actions. In the event of an Independent Marketing Affiliate’s violation of any Policies and Procedures, the Independent Marketing Affiliate agreement or its terms and conditions or any conduct that the “Company” considers to be illegal, fraudulent, deceptive, or unethical may result, in the “Company's” reasonable discretion, in one or more of the following disciplinary actions:
1. Issue of a written warning.
2. Imposition of a fine, which may be imposed immediately or withheld from future commission checks.
3. Reassignment of all or part of an Independent Marketing Affiliate’s data base.
4. Suspension, which may result in suspension of all Independent Marketing Affiliate rights, including bonuses, with or without conditions or restrictions, as determined in the sole discretion of the “Company”.
5. Termination of the Independent Marketing Affiliate, which will result in immediate forfeiture of all rights whatsoever including bonuses.
Termination. The “Company” reserves the right to terminate any Independent Marketing Affiliate, if it is determined by the “Company” that the Independent Marketing Affiliate has violated the provisions of the Policies and Procedures, the Independent Marketing Affiliate agreement or the provisions of any applicable laws or standards of fair dealing. Such termination may be made by the “Company” in its sole discretion. Upon an involuntary termination, the “Company” shall notify the Independent Marketing Affiliate by mail or email at the latest address listed with the “Company” for the Independent Marketing Affiliate. In the event of a termination, the terminated Independent Marketing Affiliate shall immediately cease representing him/herself as an Independent Marketing Affiliate of the Company.

When a decision is made to terminate an Independent Marketing Affiliate, the “Company” will inform the Independent Marketing Affiliate in writing that the Independent Affiliate Position is terminated immediately, effective as of the date of the written notification. The termination notice will be sent by certified mail or email to the Independent Marketing Affiliate's address on file with the Company.

The Independent Marketing Affiliate will have 15 days from the date of mailing of the certified letter in which to appeal the termination in writing. The Independent Marketing Affiliate's written appeal must be received by the “Company” within 20 days of the “Company's” sending out the termination letter. If the appeal is not received within the 20-day period, the termination will be automatically deemed final.

If an Independent Marketing Affiliate files a timely appeal of termination, the “Company” will review and reconsider the termination, consider any other appropriate action, and notify the Independent Marketing Affiliate of its decision. The decision of the “Company” will be final and subject to no further review. In the event the termination is not rescinded, the termination will be effective as of the date of the “Company's” original termination notice.
Limits on transferability or sale An Independent Marketing Affiliate may sell, assign, or transfer his or her Independent Affiliate Position to someone other than another Independent Marketing Affiliate, but first must grant the immediate sponsor a right of first refusal. No sale, assignment, or transfer of any Independent Affiliate Position shall be effective without the prior written approval of the “Company” whose approval will not be unreasonably withheld. If it is determined in the “Company’s” sole discretion that the Independent Affiliate Position was transferred in an effort to circumvent compliance with this Agreement, the transfer shall be declared null and void, and the Independent Affiliate Position shall revert back to the transferring Independent Marketing Affiliate, who shall be treated as if the transfer had never occurred from the reversion day forward. An administrative fee may be charged for changing the corporate records. An Independent Marketing Affiliate who sells his or her Independent Affiliate Position shall not be eligible to re-qualify as an Independent Marketing Affiliate for a period of at least six months after the sale. The “Company” reserves the right to review the sale agreement, and to verify the waiver from the sponsor in the event the sponsor declines to purchase the Independent Affiliate Position.
Vendor relationships. The “Company's” business relationship with its vendors, service providers, talent agencies, manufacturers and suppliers is confidential. An Independent Marketing Affiliate shall not contact, directly or indirectly, or speak to or communicate with any vendors, service providers, talent agencies, manufacturers and suppliers of the “Company” except at a “Company” sponsored event at which the representative is present at the request of the “Company”. Violation of this regulation may result in termination and possible claims for damages if the vendor/manufacturer's association is compromised by the Independent Marketing Affiliate contact.
Confidentiality Agreement. Information contained in any genealogy or down-line report provided to an Independent Marketing Affiliate by the “Company” is proprietary and confidential to the “Company”, and is transmitted to the Independent Marketing Affiliate in strictest confidence. The Independent Marketing Affiliate agrees that he or she will not disclose any such information to any third party directly or indirectly, nor use the information to compete with the “Company” or for any purpose other than promoting the “Company” income opportunity. The Independent Marketing Affiliate and “Company” agree, that but for this agreement of confidentiality and non-disclosure, the “Company” would not provide the information to the Independent Marketing Affiliate. Any Independent Marketing Affiliate who is found to be in violation of this rule risks suspension or termination. The “Company” reserves the right to seek damages to the fullest extent of the law.
Succession. Upon the death or incapacity of an Independent Marketing Affiliate, all rights to bonuses and marketing position, together with Independent Marketing Affiliate responsibilities, shall pass to his or her successors or duly authorized representatives upon written application (together with such verification as the “Company” may require) and upon approval by the “Company”. The successor Independent Marketing Affiliate must fulfill all responsibilities of the deceased Independent Marketing Affiliate and execute such documentation as may be required by the “Company”.
Trademarks. The name of the “Company” and the names of all “Company” products and services are the registered or unregistered trademarks of and owned by the “Company”. Only the “Company” is authorized to produce and market products and literature under these trademarks. Use of the “Company” name on any item not produced or authorized by the “Company” is prohibited.
Imprinted checks. Independent Marketing Affiliates are not permitted to use the “Company” trade name or any of its trademarks on their business or personal checking accounts. However, Independent Marketing Affiliates may imprint their company business checks as being an “Independent Marketing Affiliate”.
Yellow and white page listing. Independent Marketing Affiliates are not permitted to use the “Company” trade name in advertising their telephone and fax numbers in the white or yellow page sections of the telephone book.
Imprinted business cards or letterheads. Independent Marketing Affiliates are not permitted to incorporate into their own business card or letterhead graphics of any “Company” trade name or trademarks. Only the approved “Company” graphics version and wording are permitted, and letterhead must be ordered either from the “Company” directly or from a “Company” approved source.
Company literature. Only official “Company” literature may be used in presenting the “Company” products, services and the “Company” income opportunity. “Company” literature may not be duplicated or reprinted without prior written permission from the “Company”. All promotional material of any nature, including electronic, must be approved in advance and in writing by the “Company”.
Media interviews. Independent Marketing Affiliates are prohibited from granting radio, television, newspaper, or magazine interviews, or using public appearances, public speaking engagements, or making any type of statement to the public media to publicize the “Company”, its products, services or their individual Affiliate business except with the express, written approval of the “Company”. Any inquiries by the media are to be referred immediately to the “Company”. This policy is to assure accuracy and consistent public image. All media contacts and inquiries must be coordinated through the approval and representation of a “Company” Corporate Representative.
Internet and web site policy. The “Company” maintains an official corporate website. Independent Marketing Affiliates are allowed to advertise on the Internet through an approved “Company” program, which allows Independent Marketing Affiliates to choose from among “Company” home page designs that can be personalized with the Independent Marketing Affiliate's message and the Independent Marketing Affiliate's contact information. These websites link directly to the “Company” website giving the Independent Marketing Affiliate a professional and company-approved presence on the Internet. Only these approved websites, may be used by Independent Marketing Affiliates. No Independent Marketing Affiliate may independently design a website that uses the names, logos, products or services, descriptions of the “Company”, nor may an Affiliate use "blind" ads on the internet making product, service or income claims which are ultimately associated with “Company” products, services or the “Company's” compensation plan. No Independent Marketing Affiliate may use “blind” ads on the Internet making product or income opportunity representations are or can be associated with “Company”. No Independent Marketing Affiliate may under any circumstance use the Internet for the purpose of indiscriminate “bulk” or unsolicited mailing, generally known as “spamming.” No Independent Marketing Affiliate may violate any local, state, or federal laws regarding the Internet or any generally accepted ethical codes of Internet conduct. Any person using “Company” names, logos, trademarks, etc. on the Internet or any other advertising medium, except as permitted by “Company”, shall be subject to immediate discipline, including termination of Independent Marketing Affiliate status.
Independent communications. Independent Marketing Affiliates, as independent contractors, are encouraged to distribute information and direction to their respective down-lines. The “Company” encourages the use of newsletters, training workshops, and other organizational programs. Independent Marketing Affiliates must identify their personal communications as such, and not give the impression that such communications are the official communications of the “Company”.
Independent Marketing Affiliate training. Independent Marketing Affiliates are responsible for providing training to the Independent Marketing Affiliates they enroll. Training assistance is provided in the Company Start-Up kit and in additional video and audio materials. Also, each Independent Marketing Affiliate receives periodic “Company” publications that includes ongoing training and product and services information. Further, Independent Marketing Affiliates may attend local and regional training workshop for Independent Marketing Affiliates, and participate in “Company”-originated national training conference calls.
Endorsements. No endorsements of any kind, including by “Company” officers, may be alleged, except as expressly communicated in “Company” literature or approved in writing.
Copying prohibited. Independent Marketing Affiliates shall not copy for sale or personal use audio or video taped material detailing the “Company” income opportunity or product or service presentations, events, or speeches, including conference calls without written permission from the “Company”. The “Company” may seek injunctive relief or damages from the violator for the unauthorized use of the “Company” copyrights, trademarks, and materials. Video or audio taping of the “Company” meetings and conferences is strictly prohibited. Still photography is allowable at the discretion of the meeting host.
Telephone Use, Inbound and Outbound. Independent Marketing Affiliates may not answer the telephone in any other manner that would lead the caller to believe that he or she has reached the corporate offices of the “Company”. The use of the “Company's” name or copyrighted materials may not be made with automatic calling devices or "boiler room" operations either to solicit Independent Marketing Affiliates or retail customers. The use of these methods in ways that are legal and are the equivalent of the "blind ads" are discouraged. The “Company” will tolerate no violations of the Federal “Do Not Call” prohibitions, or the “No Fax Blasting” prohibitions.
Repackaging prohibited. Independent Marketing Affiliates may not repackage any “Company” products, services or materials in any way.
Independent Marketing Affiliate Application and Agreement. Commissions and Overrides cannot be paid until a completed Independent Marketing Affiliate Application and Agreement has been received and accepted by the “Company”. Commissions are paid ONLY on the sale of the “Company” products and services. No commissions are paid on the purchase of an Independent Marketing Affiliate Start-Up kit (Starter Suite), which is sold at “Company” cost.
Calendar period. Commissions, overrides, and achievement awards and recognition are calculated on a calendar month basis.
Commission and override payment date. Commissions are paid monthly on or about the _____ for commissions earned during the preceding calendar month.
Minimum amount for payment of Commission and Override checks: _____.
Check processing fees: ____ for hardcopy checks; no charge for electronic payments.
Hardcopy genealogy printouts: _____________.
Commission payments. Consult the compensation plan, which may be modified by the “Company”, upon notice.
Retail Establishments. “Company” products and or services may not be displayed and sold in retail establishments. “Company” produced services, literature, banners or signage, may not be displayed on a shelf, counter, or wall. Product may not be sold from a shelf or taken from a display for purchase by a customer. “Company” products and or services may not be sold in any retail establishment.
Trade Shows and Use of Marketing Materials. “Company” products and the business opportunity may be displayed at trade shows by Independent Marketing Affiliates. “Company” products, services and opportunity are the only products, services and/or opportunity that may be offered in the trade show booth. Only “Company” produced marketing materials may be displayed or distributed except as may be authorized in advance in writing by the “Company”. No Independent Marketing Affiliate may sell or promote the “Company's” products, services or business opportunity at flea markets, swap meets, or garage sales. The "Company" must approve all marketing materials including newspaper ads, business cards or anything else created by the Independent Marketing Affiliate before use. Over time the "Company" will provide marketing and ad templates and several other products for Affiliates to use.
Service oriented establishments. It is permissible to take orders for “Company” products and services in businesses such as professional services offices, “by appointment” establishments or similar non-retail establishments.
Price changes. All “Company” product and literature prices are subject to change without notice.
Termination returns. The “Company” may repurchase from a resigning or terminating Independent Marketing Affiliate all unencumbered products and sales aids purchased by the Independent Marketing Affiliate from the “Company” within the previous 30 days, which are unused and in commercially resalable condition, for not less than 90 percent of the actual amount paid by the Independent Marketing Affiliate for the products and sales aids which are being returned. The “Company” will honor all terms of state buy-back laws, including the longer time periods in Georgia, Louisiana, Maryland, Massachusetts, Montana, Puerto Rico, Oklahoma, Texas and Wyoming. Additionally, Montana Distributors who cancel within 15 days are entitled to a 100% refund of any consideration given to participate.
Buyer’s right to cancel. Federal law empowers a buyer to cancel certain sales without penalty prior to midnight of the third business day after the transaction. This rule covers retail consumer sales of $25 or more that occur away from the seller’s main office. The “Company” Sales Order form contains all legally required notices. It must be signed by the buyer and two copies must be given to the buyer on every sale. In addition, the Independent Marketing Affiliate must orally inform the buyer of the three-day right to cancel at the time the buyer signs the contract of sale or purchases the goods. With regard to products, in all cases where the customer, at his or her sole discretion, deems the Retail Customer Returns policy, stated above, more favorable, that policy shall apply and override this policy. With regard to services, at the end of the three day period as stated herein, all sales of services are final and non-returnable.
Independent Marketing Affiliate’s responsibility. If a retail customer mails or delivers to an Independent Marketing Affiliate a valid notice of cancellation prior to midnight on the third business day after ordering or purchasing the program, service, and/or product, it must be honored by the Independent Marketing Affiliate. If the buyer has taken delivery of any goods, they must be returned with the notice in substantially as good condition as when delivered. With regard to services, the shrink-wrapped materials describing and explaining the services must be returned unopened. Within ten business days after receiving the notice, the Independent Marketing Affiliate must refund all payments made under the contract of sale.
Liability. To the extent permitted by law, “Company” shall not be liable for and Independent Marketing Affiliate releases “Company” from, and waives all claims for any loss of profits, indirect, direct, special or consequential damages or any other loss incurred or suffered by Independent Marketing Affiliate as a result of (a) the breach by Independent Marketing Affiliate of this Agreement, (b) the operation of Independent Marketing Affiliate’s business, (c) any incorrect or wrong data or information provided by Independent Marketing Affiliate, or (d) the failure to provide any information or data necessary for the “Company” to operate its business, including without limitation, the enrollment and acceptance of the Independent Marketing Affiliate into the income opportunity or the payment of commissions and bonuses.
Record-keeping. The “Company” encourages all its Independent Marketing Affiliates to keep complete and accurate records of all their business dealings. A recommended publication is IRS Publication 911 For Direct Sellers, available from any IRS Office, or the IRS web site.
Income claims. No income claims, income projections or income representations may be made to prospective Independent Marketing Affiliates. Obviously, any false, deceptive or misleading claims regarding the opportunity or product/service are prohibited. Independent Marketing Affiliates occasionally represent hypothetical income figures based upon the power of network marketing as actual income projections. This is counter-productive, and prohibited, since new Independent Marketing Affiliates may be quickly disappointed if their results are not as rapid as the hypothetical model.
Governmental endorsement. Federal and state regulatory agencies do not approve or endorse direct selling programs. Therefore, Independent Marketing Affiliates may not represent or imply, directly or indirectly, that the “Company” program has been approved or endorsed by any governmental agency.
Amendments. The “Company” expressly reserves the right to alter or amend at any time and from time to time any prices, policies and procedures, product availability, services and the compensation plan. Upon notification by mailing or emailing to the most recent address listed by the Independent Marketing Affiliate in the records of the “Company”, or upon posting notification on the “Company's” website, such amendments are automatically then incorporated as part of the agreement between the “Company” and the Independent Marketing Affiliate. Independent Marketing Affiliates will be given 10 day's notice of any amendments that the “Company” considers as material.
Non-waiver provision. No failure of the “Company” to exercise any power under this Agreement or to insist upon strict compliance by an Independent Marketing Affiliate with any obligation or provision herein, and no custom or practice of the parties at variance with this Agreement, shall constitute a waiver of the “Company’s” right to demand exact compliance with this Agreement. Waiver by the “Company” can only be in writing by an authorized officer of the “Company”. The “Company’s” waiver of any particular default by an Independent Marketing Affiliate shall not affect or impair the “Company’s” rights with respect to any subsequent default, nor shall it affect in any way the rights or obligations of any other Independent Marketing Affiliate. Nor shall any delay or omission by the “Company” to exercise any right arising from default affect or impair the “Company’s” rights as to that or any subsequent default.
Severability. If, under any applicable and binding law or rule of any applicable jurisdiction, any provision of the Agreement, including these rules and regulations, or any specification, standard or operating procedure which the “Company” has prescribed is held to be invalid or unenforceable, the “Company” shall have the right to modify the invalid or unenforceable provision, specification, standard or operating procedure or any portion thereof to the extent required to be valid and enforceable. The Independent Marketing Affiliate shall be bound by any such modification. The modification will be effective only in the jurisdiction in which it is required. Also, should any portion of these Policies and Procedures, the Independent Marketing Affiliate's application, the Independent Marketing Affiliate’s agreement, or any other instruments referred to herein, be declared invalid by a court of competent jurisdiction, then the balance of such Policies and Procedures, applications, agreements or other instruments, shall remain in full force and effect.
Jurisdiction. All disputes and claims relating to the “Company”, this Agreement, the “Company” compensation plan, or its products, the rights and obligations of an Independent Marketing Affiliate and “Company”, or any other claims or causes of action relating to the performance of either an Independent Marketing Affiliate or “Company” under the Agreement or the rules and regulations, and/or an Independent Marketing Affiliate’s purchase of products shall be adjudicated totally and finally in __________________, or such other location as the “Company” prescribes. Louisiana residents only: In the event of a dispute for jurisdictional purposes, an Independent Marketing Affiliate shall be entitled to file an adjudicatory claim or lawsuit in the jurisdiction of Louisiana and the governing law shall be Louisiana law.
Limitation of damages. To the extent permitted by law, “Company” and its affiliates, officers, directors, employees, and other representatives shall not be liable for, and the Independent Marketing Affiliate hereby releases the foregoing from and waives any claim for loss of profit, incidental, special, consequential, or exemplary damages which may arise out of any claim whatsoever relating to The “Company’s” performance, non-performance, act, or omission with respect to the business relationship or other matters between the Independent Marketing Affiliate and the “Company” whether sounding in contract, tort, or strict liability. Furthermore, it is agreed that any damage to the Independent Marketing Affiliate shall not exceed, and is hereby expressly limited to, the amount of unsold “Company” products and services owned or held by the Independent Marketing Affiliate and commissions owing.

PLEASE KEEP A MAINTAINED COPY OF THESE TERMS FOR YOUR RECORDS.